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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Fuda and the Secretary, Department of Social Services, concerning Mr Fuda's claim for a Disability Support Pension (DSP). Mr Fuda lodged his claim on 11 August 2017, citing various mental health conditions including anxiety, depression, and self-harm. His claim had previously been rejected by the Department and affirmed by an Authorised Review Officer, and subsequently affirmed by the AAT on an earlier occasion. Mr Fuda then sought a review of that AAT decision by the current Tribunal.

The primary legal issues before the Tribunal were whether Mr Fuda's impairments were fully diagnosed, fully treated, and fully stabilised within the qualification period (11 August 2017 or within 13 weeks thereafter), whether these impairments attracted an impairment rating of at least 20 points under the Impairment Tables, and whether he had a continuing inability to work. The Tribunal was required to assess these matters based on the conditions and their likely prognosis at the time of the claim, rather than with the benefit of hindsight.

The Tribunal found that Mr Fuda's mental health conditions, including generalised anxiety, obsessive compulsive disorder, car phobia, and secondary depressive symptoms, were indeed fully diagnosed, treated, and stabilised during the qualification period. However, based on the evidence, including reports from his treating psychiatrist and the Job Capability Assessment, the Tribunal concluded that these impairments attracted only 10 points under Table 5 of the Impairment Tables. This rating reflected a moderate functional impact on activities involving mental function. The Tribunal also considered Mr Fuda's reported ability to manage daily living tasks, attend appointments, and engage with friends and family, which indicated a level of functioning that did not meet the threshold for a continuing inability to work.

Consequently, as Mr Fuda did not meet the minimum impairment rating of 20 points and the continuing inability to work criteria, the Tribunal affirmed the decision to reject his claim for a Disability Support Pension. The Tribunal expressed sympathy for Mr Fuda's circumstances and suggested he might consider reapplying with updated medical evidence.