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

This matter concerned an appeal by Mr Jefferis against a decision by the Secretary, Department of Social Services, regarding his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Jefferis met the criteria for the pension, specifically concerning the severity and permanence of his chronic fatigue syndrome and his capacity to work. The case was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr Jefferis possessed an impairment rating of 20 points or more under the relevant Impairment Tables, and whether he had a continuing inability to work as defined by subsection 94(2) of the Social Security Act 1991 (Cth). The Tribunal was required to assess the impact of Mr Jefferis' chronic fatigue syndrome on his functional capacity during the claim period.

The Tribunal considered medical evidence from Dr Jennifer Bromberger and Professor Andrew Lloyd, which confirmed Mr Jefferis' diagnosis of chronic fatigue syndrome and its disabling effects, including severe fatigue, joint and muscle pain, and neurocognitive difficulties. Professor Lloyd assessed Mr Jefferis as having a moderate functional impact under Table 1 (Functions requiring Physical Exertion and Stamina) and Table 7 (Brain Function), resulting in a total of 10 points under each table. The Tribunal found that Mr Jefferis' condition was fully diagnosed, treated, and stabilised during the claim period, and therefore assigned him 10 points under Table 1 and 10 points under Table 7, totalling 20 points. However, the Tribunal also found that Mr Jefferis had not completed a program of support, which was a prerequisite for establishing a continuing inability to work under paragraph 94(1)(c) of the Act.

Consequently, the Tribunal concluded that Mr Jefferis did not satisfy the requirements for a continuing inability to work. The decision under review was therefore affirmed.