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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, regarding the applicant's eligibility for a disability support pension. The applicant sought to establish that their medical conditions, specifically alcohol use disorder and a mild depressive episode with generalised anxiety disorder, resulted in an impairment rating of at least 20 points under the Impairment Tables, as required by section 94(1)(b) of the *Social Security Act 1991* (Cth). The Tribunal was required to determine whether, during the qualification period, the applicant's impairments were fully diagnosed, treated, and stabilised, and whether they attracted the requisite points under the Impairment Tables.

The Tribunal's reasoning focused on the requirement that an impairment can only be assigned a rating if the underlying condition is permanent, meaning it is fully diagnosed, treated, and stabilised, and likely to persist for more than two years. In relation to the applicant's alcohol use disorder, the Tribunal found that while it was diagnosed, it was not fully treated or stabilised during the qualification period. Evidence indicated ongoing interventions, an uncertain prognosis conditional on further treatment, and a gap in treatment. Similarly, for the mild depressive episode and generalised anxiety disorder, the Tribunal noted that while diagnosed, the condition was not considered fully treated or stabilised, with medical reports suggesting a temporary exacerbation and an expectation of considerable improvement within two years.

Consequently, the Tribunal concluded that the applicant's medical conditions generated zero points under the Impairment Tables. As the applicant failed to meet the threshold of at least 20 points under section 94(1)(b) of the Act, the Tribunal found it unnecessary to consider the further criterion of a continuing inability to work. The Tribunal affirmed the decision of the Secretary.