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

This matter concerned an appeal by Mr Fauvette against a decision of the Administrative Appeals Tribunal (AAT) affirming a decision to refuse him a Disability Support Pension. The dispute centred on whether Mr Fauvette's various medical conditions, including depression, Post Traumatic Stress Disorder (PTSD), and arthritis in his right hand and left knee, met the criteria for assessment under the Impairment Tables and whether these conditions resulted in a continuing inability to work. The case was heard by Professor R McCallum AO, Member.

The primary legal issues before the Tribunal were whether Mr Fauvette's impairments were fully diagnosed, treated, and stabilised during the relevant claim period, and if so, whether they warranted a rating of at least 20 points under the Impairment Tables. A further issue was whether Mr Fauvette had a continuing inability to work within the meaning of the Social Security Act 1991.

The Tribunal found that while Mr Fauvette suffered from depression, PTSD, and arthritis in his left knee and right hand, the evidence regarding the treatment and stabilisation of the arthritis in both his knee and hand was insufficient. Specifically, Mr Fauvette had not undertaken recommended hydrotherapy or an exercise program for his knee, and there was a lack of specialist evidence for his hand impairment. However, the Tribunal was satisfied that his depression and PTSD were fully treated and stabilised during the claim period. The Tribunal then considered Table 5 of the Impairment Tables, which relates to Mental Health Function, and noted that an expert had indicated Mr Fauvette met the criteria for a moderate rating. Due to this finding, it was not necessary for the Tribunal to determine the continuing inability to work.

The Tribunal affirmed the AAT's decision of 11 August 2016.