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

This matter concerned an appeal by KBDF against a decision of the Secretary of the Department of Social Services regarding a disability support pension. The primary dispute revolved around whether the applicant's various physical and psychiatric impairments attracted a sufficient point score under the Impairment Tables to qualify for the pension. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant had physical, intellectual, or psychiatric impairments, and crucially, whether these conditions were fully diagnosed, treated, and stabilised during the relevant qualification period. Specifically, the Tribunal was required to determine the appropriate impairment rating for the applicant's mental health condition, as well as consider her back pain, upper and lower limb conditions, thyroid condition, and fibromyalgia. The central question was whether these impairments, when assessed against the Impairment Tables, attracted a total of 20 points or more.

The Tribunal found that while the applicant's mental health condition was accepted as fully diagnosed, treated, and stabilised, the evidence regarding other conditions, such as fibromyalgia, was insufficient to establish that they were fully treated and stabilised. The Tribunal considered reports from various medical practitioners, including a clinical psychologist and psychiatrists, detailing the applicant's symptoms and their impact on her functioning. However, despite acknowledging the applicant's reported difficulties, the Tribunal ultimately concluded that the combined impairments did not reach the threshold of 20 points required by the Impairment Tables.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant's conditions did not warrant a total impairment rating of 20 or more points. As this threshold was not met, it was unnecessary to consider the applicant's continuing inability to work. The applicant was advised that she could apply for a disability support pension again at any time.