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

This matter concerned an application for review of a decision by the Department of Social Services regarding the applicant's eligibility for Disability Support Pension (DSP). The applicant, Mr George, contended that he met the criteria for DSP, specifically focusing on a mental health condition. The Department, however, argued that he did not satisfy the relevant legislative requirements, namely sections 94(1)(b) and 94(1)(c) of the Social Security Act 1991 (Cth). The review was heard by Senior Member D Cremean of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr George's mental health condition was permanent, fully diagnosed, fully treated, and fully stabilised during the relevant qualification period. If these conditions were met, the Tribunal then needed to assess whether his condition warranted a specific points rating under the relevant tables and whether he satisfied the further requirements of section 94(1)(c) of the Act. The Tribunal also considered the applicant's evidence regarding the onset of his depression and anxiety following the 2011 floods and a subsequent dispute over his father's estate, as well as his ongoing treatment and medication.

The Tribunal found that Mr George's mental health condition, described as adjustment disorder with mixed anxiety and depression, was fully diagnosed during the qualification period, a concession supported by the Department. Furthermore, the Tribunal was satisfied that the condition was permanent, fully treated, and stabilised during that period, relying on the evidence of the applicant and medical professionals. The Tribunal also concluded that Mr George met the requirements of descriptor (1)(e) concerning behaviour, planning, and decision-making, noting significant disturbances in his behaviour and thoughts stemming from his depression, particularly in relation to the Water Authority. Additionally, the Tribunal found that Mr George met the requirements of descriptor 1(f) regarding work/training capacity, concluding that his mental health condition would have prevented him from working during the qualification period due to symptoms such as sleep disturbance, anger, anxiety, social withdrawal, and difficulty coping with work pressures.