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

The Administrative Appeals Tribunal considered the appeal of Frumar against a decision by the Secretary, Department of Social Services concerning a disability support pension. The applicant sought to establish that his conditions, including fibromyalgia, chronic fatigue syndrome, migraines, and irritable bowel syndrome, resulted in impairments totalling 20 points or more under the relevant Impairment Tables.

The central legal issue before the Tribunal was whether the applicant's diagnosed medical conditions met the criteria for being fully diagnosed, fully treated, and fully stabilised during the qualifying period, and if so, whether these conditions, individually or in combination, attracted a sufficient number of impairment points to qualify for a disability support pension.

The Tribunal found that there was no direct medical evidence presented to demonstrate that the applicant's conditions were fully diagnosed, treated, and stabilised. While acknowledging the applicant experienced considerable stress, pain, and discomfort, the Tribunal concluded that none of his conditions met this threshold. A colonoscopy report indicated normal findings. Even if the fibromyalgia were considered to meet the diagnostic and treatment criteria, the Tribunal indicated it would assign a maximum of 10 impairment points. As the applicant failed to reach the required 20 points, either individually or combined, the Tribunal did not need to consider other issues. The decision under review was affirmed.