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

This matter concerned an appeal by Ms Jenene Fabretto against a decision of the Secretary, Department of Social Services, affirming a decision that she did not qualify for a Disability Support Pension (DSP). The appeal was heard by Senior Member Belinda Pola of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Fabretto's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether she met the 20-point threshold under the relevant Impairment Tables during the qualification period for her DSP claim. The Tribunal was required to consider evidence pertaining to her mental health conditions, including PTSD, depression, and anxiety, as well as an alcohol use disorder and physical injuries.

The Tribunal considered the legislative requirements for a DSP claim, specifically that the applicant must have met the criteria during a defined qualification period, and that subsequent changes in medical condition are not relevant to that claim. The Tribunal noted that for a mental health condition to be considered fully diagnosed, evidence from an appropriately qualified medical practitioner, potentially with input from a clinical psychologist, was required. While evidence from a clinical psychologist confirmed a diagnosis of depression, anxiety, stress, and PTSD, and indicated that reasonable treatment had been undertaken with little likelihood of significant functional improvement, the Tribunal also considered other medical evidence. This included reports suggesting chronic adjustment disorder, a lack of medication use despite recommendations, and a limited number of psychological sessions. Crucially, a Job Capacity Assessment Report dated 30 October 2018 stated that while the conditions were fully diagnosed, they were not fully treated and stabilised under the Social Security Legislation, citing a lack of corroborating medical evidence for recommended specialist reviews or pharmacotherapy trials.

As the Tribunal found that none of Ms Fabretto's impairments could be assigned the required Impairment Ratings under section 94(1)(b) of the Social Security Act 1991 (Cth), it did not need to consider section 94(1)(c). Consequently, the decision under review was affirmed.