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

This matter concerned an application for a Disability Support Pension by the Applicant, Kali, against a decision by the Secretary, Department of Social Services. The Applicant's application had been rejected, and the review of that decision was before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant had a physical, intellectual, or psychiatric impairment that rated 20 points or more under the Impairment Tables, and if so, whether she had a continuing inability to work as defined by the relevant legislation. The critical period for assessment was also a consideration.

The Tribunal found that while the Applicant had impairments, including back pain, hypertension, and goitre, none of these conditions could be considered fully diagnosed, treated, and stabilised during the relevant period. Specifically, the Applicant's major depressive disorder was in its early stages of treatment, her osteoarthritis and lower back pain were not conclusively diagnosed, treated, and stabilised, her sleep apnoea had not been fully diagnosed or treated, and there was insufficient evidence regarding the stabilisation of her multi-nodular goitre. Consequently, no impairment rating could be assigned. Furthermore, the Tribunal found no evidence demonstrating a continuing inability to work, noting an assessment that indicated a work capacity of at least 15 hours per week with intervention.

The Tribunal affirmed the decision under review, concluding that the Applicant did not meet the requirements of the relevant section of the Act for the period in question.