David and Secretary, Department of Social Services (Social services second review)

This matter concerned an application by Mr David for unlimited portability of his disability support pension, which was reviewed by Mr S Evans, Member, of the Administrative Appeals Tribunal. The dispute arose after Mr David's application for unlimited portability was refused on the basis that he did not have a severe impairment. Mr David had previously been granted a disability support pension following a motor vehicle accident in 2013, which resulted in cognitive difficulties, including memory and attention deficits, and a diagnosis of Major Depressive Disorder secondary to an acquired brain injury.

The legal issues before the Tribunal were whether Mr David had a severe impairment within the meaning of subsection 94(3B) of the relevant Act, whether this severe impairment would persist for the next five years, and whether, if he were in Australia, this impairment would prevent him from performing any work independently of a program of support within the next five years. The Tribunal was required to assess Mr David's impairments, considering his mental health condition and traumatic brain injury, against the criteria set out in the Impairment Tables.

The Tribunal's reasoning focused on the evidence presented regarding Mr David's functional capacity. It found that Mr David suffered from a severe impairment due to his chronic major depressive disorder and post-traumatic stress disorder, as well as his traumatic brain injury. The Tribunal considered various aspects of his daily living, including self-care, social activities, concentration, and task completion, noting that he required prompting for self-care tasks, had limited social interaction, and experienced difficulties with task initiation and completion. The Tribunal concluded that his impairments were severe, would persist for at least five years, and would likely prevent him from working independently of a support program.

Consequently, the Tribunal set aside the decision under review and substituted it with a determination that Mr David qualified for unlimited portability of his disability support pension as at 14 April 2018, the date of his claim.