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

This matter concerned an appeal by Ms Flenady against a decision of the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension. The Administrative Appeals Tribunal was required to determine whether Ms Flenady met the criteria for the pension, specifically concerning the diagnosis, treatment, and stabilisation of her medical conditions, and whether these conditions resulted in a sufficient level of impairment.

The primary legal issues before the Tribunal were whether Ms Flenady's various medical conditions, including adjustment disorder with anxiety and depression, gall bladder issues, urticaria, diabetes, neuropathy, spinal condition, and fibromyalgia, were fully diagnosed, fully treated, and fully stabilised during the relevant qualification period. Furthermore, the Tribunal had to ascertain if these conditions attracted an impairment rating of 20 or more points under the Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth), and if she had a continuing inability to work.

The Tribunal found that while Ms Flenady's mental health impairment was permanent and attracted an impairment rating, several of her other physical conditions did not meet the necessary criteria. Specifically, her gall bladder and urticaria conditions were not fully treated, her diabetes lacked sufficient medical evidence, and her neuropathy was neither fully diagnosed nor treated, thus preventing it from being considered permanent. Similarly, her spinal condition and fibromyalgia were not considered permanent as she was awaiting pain clinic review and treatment, and had only recently commenced treatment for fibromyalgia, meaning these conditions were not fully treated during the qualification period. Consequently, the Tribunal concluded that the requirements for the Disability Support Pension were not met.