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

This matter concerned an appeal by Ms Ighani against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary, Department of Social Services' decision to reject her claim for Disability Support Pension (DSP). The dispute centred on whether Ms Ighani met the eligibility criteria for DSP during a specified "Qualifying Period."

The legal issues before the Tribunal were whether Ms Ighani had a physical, intellectual, or psychiatric impairment, and whether this impairment rated 20 points or more under the Impairment Tables, as required by section 94(1) of the relevant Act. A further consideration was whether one of the conditions for qualification, specifically a continuing inability to work, was met.

The Tribunal considered the evidence presented, including Ms Ighani's own testimony regarding her various medical conditions, including eye problems, a frozen shoulder, a broken knee, and depression. The Tribunal noted the respondent's concession that Ms Ighani suffered from several impairments during the Qualifying Period. However, for an impairment rating to be assigned under the Impairment Tables, the condition must be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised. The Tribunal found that while Ms Ighani's low back and right hip pain was diagnosed, the evidence did not demonstrate it was fully treated or stabilised, citing ongoing chiropractic treatment and a lack of specialist intervention for degenerative changes.

Ultimately, the Tribunal found that Ms Ighani did not qualify for the DSP during the Qualifying Period. Consequently, the Tribunal affirmed the decision of the AAT.