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

This matter concerned an application for a disability support pension by Ms Dennis, who nominated conditions including back, neck, and knee pain, and depression. The Secretary of the Department of Social Services opposed the application. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Dennis met the criteria for a disability support pension, specifically concerning the diagnosis, treatment, and stabilisation of her nominated conditions.

The central legal issue before the Tribunal was whether Ms Dennis' nominated medical conditions were "fully diagnosed, treated and stabilised" as required by section 94(1)(b) of the Social Security Act 1991 (Cth) to attract an impairment rating. This criterion is essential for establishing eligibility for a disability support pension based on medical grounds.

The Tribunal reasoned that while Ms Dennis suffered from chronic pain conditions and an adjustment disorder, there was a lack of objective evidence and significant pathological findings commensurate with her reported symptoms. The Tribunal noted that investigations had not revealed definitive diagnoses for all conditions, and the treatment undertaken to date, including medication and physiotherapy, had not yielded significant improvement. Furthermore, psychiatric treatment, including medication adjustments and counselling, had only recently commenced or was yet to begin. Consequently, the Tribunal concluded that the nominated conditions could not be considered fully diagnosed, treated, and stabilised, and therefore, Ms Dennis did not attract an impairment rating.

The Tribunal affirmed the decision under review, finding that Ms Dennis did not satisfy the requirements of section 94(1)(b) of the Act.