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

The Administrative Appeals Tribunal considered a claim for a disability support pension made by the Applicant, Kaplan, against a decision by the Secretary, Department of Social Services. The Applicant's claim for a disability support pension had been rejected, and the core of the dispute revolved around whether her medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether these conditions attracted an impairment rating of at least 20 points as required by the relevant legislation.

The Tribunal was required to determine if the Applicant's medical conditions, including a significant back injury sustained in 2003 and a subsequent injury in approximately 2015, along with a diagnosed mental health condition, met the criteria for a disability support pension. Specifically, the Tribunal had to assess whether these conditions were "fully diagnosed, treated and stabilised" (FDTS) by the claim date of 18 March 2018 or during the qualification period, and whether the functional impact of these conditions resulted in an impairment rating of at least 20 points.

The Tribunal found the Applicant to be an honest witness, but noted a lack of corroborating evidence for her conditions, particularly concerning her mental health condition during the qualification period. While a psychiatrist had diagnosed an adjustment disorder with depressed mood in 2004, and another psychiatrist diagnosed major depressive disorder in 2016, there was an absence of evidence detailing treatment for her mental health condition in the intervening years or specifically at the time of her DSP application. The Tribunal concluded that historical evidence, even if obtained, would not have assisted in determining her condition during the qualification period. Consequently, the Tribunal affirmed the decision under review.