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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Deniz, against the Secretary of the Department of Social Services. The applicant's claim was based on a range of conditions including substance abuse (methamphetamine), mental health issues (anxiety, depression, PTSD), diabetes, a spinal condition, Hepatitis C, elevated cholesterol, liver damage, and shoulder pain. The Administrative Appeals Tribunal (AAT) was required to conduct a second-tier review of the decision to refuse the DSP.

The primary legal issues before the Tribunal were whether the applicant's various medical conditions were fully diagnosed, fully treated, and fully stabilised within the relevant qualification period, and if so, whether these impairments attracted a rating of 20 points or more under the Impairment Tables. The qualification period for the applicant's DSP claim was from 5 October 2018 to 4 January 2019.

In its reasoning, the Tribunal considered the evidence presented, including medical reports and oral testimony from the applicant and his treating psychologist. For each condition, the Tribunal assessed whether it met the criteria of being permanent, meaning fully diagnosed, treated, and stabilised, and likely to persist for more than two years. Specifically regarding the applicant's methamphetamine use, the Tribunal noted the respondent's submission that it was not fully diagnosed, treated, or stabilised, citing historical instances of drug use and a traffic offence. However, the Tribunal also considered the applicant's denial of a substance abuse issue and his psychologist's opinion that his behaviour stemmed from underlying mental health conditions. Evidence of the applicant's positive response to a drug and alcohol counselling program, aiming for abstinence, was also taken into account. The Tribunal's decision affirmed the previous refusal of the DSP.