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

The Administrative Appeals Tribunal, with Member R Maguire presiding, considered the case of an applicant seeking a Disability Support Pension (DSP) against the Secretary of the Department of Social Services. The central dispute concerned whether the applicant met the criteria for DSP, specifically regarding the severity and stability of their medical conditions during the relevant qualification period.

The Tribunal was required to determine if the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and if these conditions attracted an impairment rating of 20 points or more under the relevant Impairment Tables, as stipulated by section 94(1)(b) of the Social Security Act 1991 (Cth). The qualification period for assessing these impairments was also a key consideration.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's anxiety and depression. While acknowledging a psychiatrist's report from October 2019 indicated treatment with Lexapro and Diazepam and an improving mental state, the Tribunal noted that further treatment and follow-up were planned beyond the qualification period. This led the Tribunal to conclude that the condition was not fully treated or stabilised within the qualification period. Consequently, the Tribunal found that no impairment rating could be assigned for this condition, resulting in a total impairment rating of 0 points.

As the applicant did not satisfy the requirement of having an impairment rating of 20 points or more under a single Impairment Table, the Tribunal affirmed the decision under review.