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

This matter concerned an appeal by Ms Frese against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension. The core dispute revolved around whether Ms Frese met the criteria for the pension, specifically concerning a diagnosed condition and its impact during a defined qualification period. The Administrative Appeals Tribunal, represented by Senior Member Dr I Alexander, was tasked with reviewing the Secretary's decision.

The legal issues before the Tribunal were whether Ms Frese's medical condition was fully diagnosed, treated, stabilised, and likely to persist for more than two years during the relevant qualification period. Crucially, the Tribunal had to determine if her impairment attracted a rating of 20 points or more under the Impairment Tables, a prerequisite for qualifying for the Disability Support Pension.

The Tribunal's reasoning focused on the evidence concerning Ms Frese's meningioma and seizure disorder. Regarding the meningioma, the Tribunal found that the condition was not fully treated and stabilised during the qualification period, as surgical resection was planned. For the seizure disorder, while Ms Frese reported seizures prior to 2015 and ongoing "panic attacks," medical evidence indicated that her last convulsive seizure was in 2015, related to medication non-compliance. Subsequent medical opinions suggested she was seizure-free from that point and primarily struggling with anxiety and panic attacks, with her seizure disorder considered well-managed. The Tribunal concluded that, due to the lack of a fully treated and stabilised condition, a rating under the Impairment Tables could not be assigned.

The Tribunal affirmed the decision of the Secretary, finding that Ms Frese did not qualify for the Disability Support Pension.