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

This matter came before the Administrative Appeals Tribunal concerning an application for a disability support pension. The applicant, DQJZ, sought to establish that her impairments attracted 20 points or more under the relevant Impairment Tables, a prerequisite for receiving the pension. The dispute centred on whether her various physical and mental health conditions were fully diagnosed, treated, and stabilised, and whether they met the threshold for the pension.

The Tribunal was required to determine the extent to which the applicant's various ailments, including fibromyalgia, a lower limb condition, shoulder issues, anxiety, depression, hip problems, and migraines, qualified her for a disability support pension. Specifically, the core legal issues involved assessing whether these conditions were fully diagnosed, treated, and stabilised, and crucially, whether they collectively attracted a minimum of 20 impairment points as per the Impairment Tables.

The Tribunal considered evidence regarding the applicant's medical conditions, including reports from her treating doctor. While the respondent conceded 10 points for fibromyalgia and 5 points for a lower limb condition, there was conjecture regarding other ailments, particularly anxiety and depression, and whether they were fully diagnosed, treated, and stabilised. The Tribunal noted that while the applicant's doctor had indicated a "severe functional impact" for anxiety, further evidence was required to address the specific descriptors within the Impairment Tables. The applicant's own description of her conditions was considered relevant, but ultimately, the Tribunal found that insufficient evidence was presented to meet the legislative requirements for the disability support pension.