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

This case concerned an application for a disability support pension (DSP) by the Applicant, FNNC, against the Secretary of the Department of Social Services. The central dispute revolved around whether the Applicant's medical conditions, specifically chronic fatigue syndrome and dyslexia, met the criteria for a DSP during the relevant period. The matter was heard by Brigadier AG Warner, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the Applicant's conditions were fully diagnosed, treated, and stabilised, and whether her impairments attracted 20 points or more under the Impairment Tables, indicating a continuing inability to work. The Tribunal was required to assess the Applicant's functional capacity and the likely duration of her impairments in accordance with the relevant legislative framework, including the Social Security Act 1991 and the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The Tribunal reasoned that while the Applicant's chronic fatigue syndrome was diagnosed at the relevant time, it was not considered permanent, fully treated, or stabilised. Medical reports indicated a prognosis of significant improvement within two years. Furthermore, the Impairment Tables require that an impairment rating can only be assigned if the condition causing the impairment is permanent, meaning it is fully diagnosed, treated, and stabilised, and likely to persist for more than two years. The Tribunal found that the Applicant did not meet this threshold for her chronic fatigue syndrome. Consequently, she did not have an impairment rating of at least 20 points, nor did she satisfy the qualification criteria for a DSP during the relevant period.

Accordingly, the Tribunal affirmed the decision under review, which had rejected the Applicant's claim for a disability support pension.