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

This matter concerned an application for a disability support pension (DSP) by Ms Fellows, who contended she met the eligibility requirements. The Secretary of the Department of Social Services opposed the claim. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Fellows suffered from permanent impairments that attracted 20 or more impairment points under the relevant Impairment Tables, specifically considering Impairment Table 1 (Functions requiring Physical Exertion and Stamina) and Impairment Table 7 (Brain Function).

The central legal issue was whether Ms Fellows' medical conditions, including chronic fatigue syndrome, resulted in impairments that met the threshold of 20 or more points under the Impairment Tables, as required by section 94(1)(b) of the *Social Security Act 1991* (Cth). This involved assessing whether her conditions were fully diagnosed, fully treated, and fully stabilised, and then assigning appropriate impairment ratings based on the evidence presented.

The Tribunal applied the provisions of the *Social Security Act 1991* (Cth), the *Social Security (Administration) Act 1999* (Cth), and the Impairment Tables. It considered the definition of "severe impairment" under section 94(3B) of the Act, which requires an impairment of 20 or more points under a single Impairment Table. The Tribunal also had regard to the criteria for a condition being fully diagnosed, fully treated, and fully stabilised as outlined in sections 6(5) and 6(6) of the Impairment Tables. After reviewing the medical reports and oral evidence, the Tribunal concluded that Ms Fellows' impairments did not attract the requisite 20 or more impairment points.

Consequently, the Tribunal affirmed the reviewable decision, which had affirmed the delegate's decision to reject Ms Fellows' claim for a disability support pension. Ms Fellows was therefore found not to satisfy the qualification criteria under section 94(1)(b) of the Act as at the qualification period.