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

This matter concerned an appeal by Ms Dyer against the rejection of her claim for a disability support pension. The core of the dispute revolved around whether Ms Dyer's medical conditions, specifically Post-Traumatic Stress Disorder (PTSD), were fully diagnosed, treated, and stabilised during the relevant assessment period, and whether these conditions resulted in an impairment rating of 20 points or more under the Impairment Tables. The Administrative Appeals Tribunal (AAT) was required to determine these issues.

The Tribunal was tasked with assessing whether Ms Dyer's PTSD met the criteria for a disability support pension, particularly focusing on the requirement that the condition be fully diagnosed, treated, and stabilised. This assessment had to be made based on the evidence available at the time of her application and the subsequent 13 weeks. The Tribunal considered evidence from medical practitioners, including Dr. Armstrong and Dr. Nguyen, who provided opinions on Ms Dyer's diagnosis, treatment, and prognosis. A key legal principle applied was that the Tribunal must consider the situation as it was at the time of the application, and any subsequent progression of a medical condition is not grounds for awarding a pension based on those changed circumstances; rather, it would necessitate a new application. Furthermore, the Tribunal was guided by the principle that the assessment of treatment efficacy should focus on the likely effect of treatment at the time of the claim and the subsequent 13 weeks, rather than the actual outcome of treatment occurring after that period.

Ultimately, the Tribunal found that Ms Dyer was not qualified for a disability support pension at the time she lodged her claim or within the 13 weeks thereafter. Consequently, the Tribunal affirmed the decision under review.