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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to reject Ms Greentree's claim for a Disability Support Pension (DSP). The dispute centred on whether Ms Greentree's medical conditions, vestibular neuritis and depression, qualified her for the DSP during the relevant period of 26 November 2018 to 25 February 2019. The Administrative Appeals Tribunal was tasked with determining this eligibility.

The primary legal issues before the Tribunal were whether Ms Greentree suffered from an impairment as required by section 94(1)(a) of the Social Security Act 1991, and if so, whether her impairments rated 20 points or more under the Impairment Tables, as stipulated by section 94(1)(b) of the Act. A further consideration was whether her conditions were fully diagnosed, treated, and stabilised, and whether she had undertaken the required Program of Support, or if any exemptions applied.

The Tribunal found that Ms Greentree did suffer from impairments, specifically vestibular neuritis and depression, during the qualifying period. However, it determined that there was insufficient evidence to establish that these conditions had been fully treated and stabilised, or that they attracted an impairment rating of 20 points or more under the Impairment Tables. The Tribunal noted that a Program of Support had not been undertaken, and no exemption from this requirement was established based on the evidence presented. Consequently, the Tribunal affirmed the decision under review.