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

The applicant, Karaali, sought review of a decision by the Secretary of the Department of Social Services to cancel her disability support pension. The review was heard by Dr L Bygrave, a Member of the Tribunal. The core of the dispute concerned whether Karaali's medical conditions, including a spinal condition, epilepsy, migraines, and blackouts, were fully diagnosed, treated, and stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, specifically concerning mental health functions.

The Tribunal was required to determine two primary legal issues. Firstly, whether Karaali's various medical conditions met the criteria for being fully diagnosed, treated, and stabilised, as mandated by the Social Security Act 1991. Secondly, the Tribunal had to assess whether the cumulative impact of these conditions, particularly in relation to mental health functions, resulted in an impairment rating of at least 20 points, which is the threshold for receiving a disability support pension.

The Member considered the evidence presented regarding Karaali's conditions. The decision under review was affirmed, meaning the Tribunal found that Karaali did not meet the criteria for the disability support pension. The Tribunal concluded that her conditions were not sufficiently diagnosed, treated, and stabilised, nor did they result in the requisite level of impairment. The Member noted that if Karaali's circumstances change in the future, she retains the right to submit a new application for the disability support pension.