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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision to refuse the applicant's claim for a disability support pension (DSP). The applicant sought to challenge the Secretary's decision that she did not meet the eligibility criteria for the pension, specifically concerning the assessment of her various medical conditions and their impact on her ability to work.

The primary legal issues before the Tribunal were whether the applicant had any physical, intellectual, or psychiatric impairments that attracted ratings of at least 20 points under the Impairment Tables, and if so, whether she had a continuing inability to work during the relevant qualification period. This required the Tribunal to consider whether each of the applicant's diagnosed conditions were fully diagnosed, treated, and stabilised, and whether the functional impairment arising from these conditions met the threshold for a DSP qualification.

The Tribunal applied the criteria set out in the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), along with the principles established in the Impairment Tables Determination. The Tribunal noted that an impairment could only be allocated if a condition was permanent, meaning fully diagnosed, treated, and stabilised, and likely to persist for more than two years. Furthermore, symptoms reported by the applicant could only be taken into account if there was corroborating evidence. While the Secretary conceded that the applicant's PTSD, anxiety, depression, and chronic abdominal pain were fully diagnosed, treated, and stabilised, and attracted some points under the Impairment Tables, these impairments did not, in themselves, reach the required 20-point threshold when considered against the specific descriptors and the need for corroborating evidence. Other conditions, such as hearing loss and a cervical spine condition, were found not to be fully treated or stabilised during the qualification period, and some, like infectious diseases, were temporary.

Ultimately, the Tribunal found that the applicant did not qualify for a disability support pension. The decision of the Secretary was affirmed.