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

The Administrative Appeals Tribunal (AAT) considered an appeal by FXMM against a decision by the Secretary of the Department of Social Services concerning the applicant's eligibility for a Disability Support Pension (DSP). The core of the dispute revolved around whether FXMM met the criteria for a DSP, specifically regarding the diagnosis, treatment, and stabilisation of impairments, and whether these impairments resulted in a continuing inability to work.

The Tribunal was required to determine if FXMM's various medical conditions, including depression, anxiety, Post-Traumatic Stress Disorder (PTSD), peripheral neuropathy, a spinal condition, Still's disease, and obstructive sleep apnoea, constituted impairments that met the threshold set by the Impairment Tables. Furthermore, the Tribunal had to assess whether these impairments, when considered collectively, resulted in a continuing inability to work, as mandated by section 94 of the *Social Security Act 1991* (Cth).

The Tribunal found that the requirements of section 94 of the *Social Security Act 1991* were satisfied, leading to the conclusion that FXMM was entitled to a DSP. Consequently, the Tribunal set aside the previous decision of the AAT. The matter was remitted to Centrelink on the basis that FXMM was entitled to a DSP as at 29 December 2017, the date of her application.