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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who listed a range of physical and psychological conditions. The Secretary of the Department of Social Services was the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant was entitled to receive the DSP at the date of her claim or within 13 weeks thereafter.

The central legal issue before the Tribunal was whether the Applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables during the specified period. The Tribunal was constrained to consider the Applicant's conditions, their diagnosis, treatment progress, and impact solely within the relevant period, which was between 15 July 2016 and 14 October 2016.

The Tribunal found that while some of the Applicant's conditions were fully diagnosed, they were not all fully treated or fully stabilised within the relevant period. Specifically, the Applicant's chronic paranoid schizophrenia was not considered fully treated or stabilised, and her chronic major depression disorder with anxiety was not fully stabilised. Other conditions, such as ear pain and various physical ailments, were also found not to be fully treated or stabilised. Consequently, the Tribunal concluded that the Applicant's impairments did not attract the required 20 points or more under the Impairment Tables. The decision under review was affirmed.