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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who claimed entitlement based on epilepsy, pancreatitis, and anxiety. The Secretary of the Department of Social Services opposed the claim. The Administrative Appeals Tribunal, constituted by D Mitchell M, was required to determine whether the Applicant was entitled to the DSP.

The primary legal issue before the Tribunal was whether the Applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. This assessment was crucial for establishing eligibility for the DSP.

The Tribunal reasoned that for an impairment to attract points under the Impairment Tables, the condition must be fully diagnosed, fully treated, and fully stabilised. The Applicant's conditions of pancreatitis and epilepsy, while fully diagnosed, were found not to be fully treated or stabilised during the relevant period, thus precluding the assignment of impairment points. Similarly, the Applicant's mental health condition was not considered fully diagnosed, treated, or stabilised. Consequently, the Tribunal concluded that the Applicant's impairments did not attract more than 20 points under the Impairment Tables. The Tribunal affirmed the decision under review.