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

This matter concerned an application for review by Ms Jorj against a decision of the Secretary, Department of Social Services, regarding her eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT), constituted by Member E A Shanahan, heard the application. Ms Jorj was self-represented, while the Secretary was represented by legal counsel. The Tribunal was assisted by an Arabic interpreter.

The primary legal issues before the Tribunal were whether Ms Jorj met the residency requirements for the DSP and, crucially, whether her medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period. Specifically, the Tribunal had to determine if the diagnosis of ankylosing spondylitis, which was initially considered definite, was sufficiently established and if her treatment and management of her conditions, including chronic back and joint pain, fibromyalgia, and contact dermatitis, met the statutory criteria.

The Tribunal's deliberations focused on the conflicting medical evidence presented. While Ms Jorj clearly suffered from long-standing chronic pain and other conditions, the definitive diagnosis of ankylosing spondylitis and its stability during the qualification period were in doubt. Reports from the Royal Melbourne Hospital contained inconsistencies regarding Ms Jorj's HLA-B27 status and the interpretation of imaging for sacro-iliitis. The Tribunal noted that the diagnosis evolved from being considered definite in 2014, based on a misunderstanding of her HLA-B27 status, to being questioned in later reports. Furthermore, while treatment protocols were initiated, Ms Jorj experienced side effects from non-steroidal anti-inflammatory drugs, and physiotherapy was recommended but not received. Her pregnancies also interrupted treatment. The Tribunal considered that by the time she was willing to consider more advanced treatments like biologics, it was deemed contra-indicated due to the high risk of side effects.