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

The Administrative Appeals Tribunal (AAT) considered the case of Fielding and the Secretary, Department of Social Services. The dispute concerned the applicant's eligibility for a disability support pension (DSP). The applicant sought a review of a decision that affirmed a previous determination that she did not meet the eligibility requirements for the pension.

The primary legal issues before the Tribunal were whether the applicant suffered from a physical, intellectual, or psychiatric impairment during the qualification period, whether each impairment was fully diagnosed, treated, and stabilised during that period and attracted an impairment rating of 20 points or more under the relevant Impairment Tables, and whether the applicant had a continuing inability to work. These criteria are stipulated in section 94(1) of the *Social Security Act 1991* (Cth).

The Tribunal's reasoning focused on assessing the applicant's functional capacity during the qualification period, considering her evidence regarding rheumatoid arthritis, Barmah Forest virus, fibromyalgia, Raynaud’s syndrome, and a spinal disorder. The Tribunal noted that while some conditions were diagnosed, treated, and stabilised, the evidence did not establish that the applicant had a continuing inability to work. Her ability to drive, perform some household tasks, and work between five and 18 hours per week as a duty manager, where she allocated tasks to others, indicated a level of functional capacity that did not meet the threshold for a DSP. The Tribunal also considered the applicant's assertion that her conditions worsened significantly in winter, but found no specific medical evidence to support a complete inability to function during those periods.

The Tribunal affirmed the reviewable decision, finding that the applicant did not meet the qualification criteria for a disability support pension.