Douglas; Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Ms Douglas against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal, which had affirmed a decision that she did not qualify for a Disability Support Pension (DSP). The dispute centred on whether Ms Douglas met the criteria for a DSP during the period of 7 April 2015 to 7 July 2015, specifically concerning her alleged chronic fatigue syndrome. The case was heard by Professor R McCallum AO, Member.

The primary legal issues before the Tribunal were whether Ms Douglas suffered from an impairment during the claim period, and if so, whether that impairment was fully diagnosed, treated, and stabilised in accordance with subsection 94(1) of the *Social Security Act 1991* (Cth) and the relevant Impairment Tables. The Tribunal was required to consider the evidence presented, including clinical reports and witness testimony, to determine if these criteria were met.

The Member found that Ms Douglas did suffer from chronic fatigue syndrome during the claim period, satisfying the first limb of the test. However, the Member determined that the condition was not fully diagnosed, treated, and stabilised. This conclusion was based on the fact that Ms Douglas had not undertaken recommended treatments such as cognitive behavioural therapy with a psychologist or a graded exercise program, having ceased an initial exercise regime and opting for less intensive physiotherapy. Consequently, the chronic fatigue syndrome could not be rated under the Impairment Tables, and Ms Douglas did not qualify for the DSP. The Tribunal set aside the previous decision and substituted a new decision that Ms Douglas did not qualify for the DSP during the specified period.