El-Omari and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mrs El-Omari against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a disability support pension. The appeal was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mrs El-Omari had an impairment rating of 20 points or more under the Impairment Tables during the qualification period, and whether she had a continuing inability to work as defined by subsection 94(2) of the Social Security Act 1991 (Cth). The Tribunal noted that the assessment of the impairment rating was the determinative issue.

The Tribunal considered evidence regarding Mrs El-Omari's mental health conditions, including severe anxiety and depression, complicated grief, post-traumatic stress disorder, and persistent major depressive disorder, which had been present since the death of her husband in 2016. Medical and psychological reports indicated that despite ongoing treatment, including counselling and antidepressant medication, her symptoms had not decreased and had, in fact, increased. However, the Tribunal found that Mrs El-Omari did not qualify for the disability support pension during the relevant qualification period.

Consequently, as the Tribunal found that Mrs El-Omari did not meet the criteria for the disability support pension during the qualification period, it was not necessary to consider the issue of her continuing inability to work. The decision under review was affirmed.