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

This matter concerned an appeal by the applicant against the cancellation of her disability support pension. The dispute centred on whether the applicant qualified for the pension at the date of cancellation, specifically concerning the severity of her impairments and her continuing inability to work. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had physical, intellectual, or psychiatric impairments that attracted 20 points or more under the Impairment Tables, whether these conditions were fully diagnosed, treated, and stabilised, and whether she had a continuing inability to work. The Tribunal was required to consider the definition of "reasonable treatment" and apply the relevant sections of the Social Security Act 1991 (Cth).

The Tribunal found that the applicant's Chronic Fatigue Syndrome (CFS) was fully diagnosed, treated, and stabilised at the date of cancellation, accepting the evidence from her general practitioner and an endocrinologist. While the Secretary conceded the applicant suffered from various conditions, they contended the medical evidence did not support a finding that the applicant met the criteria for the pension. The Tribunal considered the functional impact of CFS, noting evidence of fatigue, memory loss, difficulty with physical exertion, and reliance on support for daily activities. The Tribunal also considered reports from a psychologist and clinical psychologist regarding the applicant's mental health conditions, including post-traumatic stress disorder, major depressive disorder, and agoraphobia, and their impact on her functional capacity.

Ultimately, the Tribunal concluded that the applicant had a continuing inability to work. Consequently, the reviewable decision to cancel the disability support pension was set aside, and the Tribunal substituted a finding that the applicant satisfied the relevant subsections of the Social Security Act 1991 (Cth) at the date of cancellation, thereby qualifying for the pension.