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

The Administrative Appeals Tribunal considered the case of Ms Jordan and the Secretary, Department of Social Services concerning Ms Jordan's eligibility for a Disability Support Pension (DSP). The central dispute revolved around whether Ms Jordan met the legislative criteria for receiving this pension, specifically relating to her physical, intellectual, or psychiatric impairments and their severity.

The Tribunal was required to determine four key issues: whether Ms Jordan suffered from a physical, intellectual, or psychiatric impairment; whether any diagnosed condition was fully treated and stabilised and likely to persist for at least two years; whether her condition or conditions attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; and whether she had a continuing inability to work.

The Tribunal found that Ms Jordan suffered from a major depressive disorder, satisfying the initial requirement of an impairment. Crucially, the Tribunal accepted medical evidence, including a report from a medical panel convened for her WorkCover claim, which concluded that her psychiatric condition was substantially stabilised, permanent, and attracted a 20% psychiatric impairment under the relevant tables. This finding directly addressed the requirement for her impairments to attract 20 points or more. The Tribunal was also satisfied that Ms Jordan had a continuing inability to work.

Consequently, the Tribunal set aside the previous decision and determined that Ms Jordan satisfied all the requirements of section 94 of the Social Security Act 1991, qualifying her for the Disability Support Pension as at the date of her claim.