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

This matter concerned an appeal by Mrs Eisapourpouri against a decision of the Secretary, Department of Social Services, regarding her eligibility for a disability support pension (DSP). The appeal was heard by A Poljak SM. The central dispute revolved around whether Mrs Eisapourpouri's physical, intellectual, or psychiatric impairments met the threshold required by the Impairment Tables, specifically whether they rated 20 points and if the conditions were fully diagnosed, treated, and stabilised during the relevant period.

The legal issues before the court were whether Mrs Eisapourpouri's impairments were fully diagnosed, fully treated, and fully stabilised during the relevant period for her DSP claim, and consequently, whether these impairments rated 20 points under the Impairment Tables. The court was required to assess the conditions as they stood at the date of the claim and in the subsequent 13 weeks, considering the available evidence at that time.

The court reasoned that while Mrs Eisapourpouri's mental health condition was accepted as fully diagnosed, the evidence did not establish that it was fully treated and stabilised within the relevant period. Reports from a clinical psychologist indicated ongoing treatment and improving insight, with the condition helping to stabilise her mental health and prevent further relapses. However, the court emphasised that eligibility for DSP is assessed at the date of claim and the subsequent 13 weeks, and any subsequent changes in circumstances necessitate a fresh claim. The court noted that other medical conditions, such as vertigo and hypertension, were not supported by sufficient evidence to demonstrate they were fully diagnosed, treated, and stabilised.

Consequently, as Mrs Eisapourpouri's conditions were not considered permanent under the Act, the court found it unnecessary to consider her continuing inability to work. The decision under review was affirmed, and Mrs Eisapourpouri was advised that she could apply for DSP again at any time.