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

This matter concerned an application for a disability support pension by the applicant, Kerr, against the Secretary of the Department of Social Services. The central dispute revolved around whether the applicant’s physical, intellectual, or psychiatric impairments met the criteria for the pension, specifically whether her conditions were fully diagnosed, treated, and stabilised, and whether these impairments attracted 20 or more points under the relevant Impairment Tables. The decision was made by A Poljak SM.

The court was required to determine if the applicant’s mental health condition was fully diagnosed, treated, and stabilised during the relevant period, and if her impairments, when assessed against the Impairment Tables, reached the threshold of 20 points or more. Additionally, the court considered whether a reported condition of migraines was sufficiently evidenced and met the diagnostic and treatment criteria.

The Senior Member accepted that the applicant’s mental health condition was fully diagnosed by qualified practitioners, including a general practitioner, a clinical psychologist, and another psychologist. While acknowledging intermittent treatment, the Senior Member found that the applicant’s mental health condition was fully treated and stabilised, noting its long-standing nature and its close relationship to her permanent physical condition of complex regional pain syndrome. The Senior Member concluded that further treatments were unlikely to significantly impact her mental health, which was largely supportive in nature. However, the Senior Member found insufficient evidence to verify the applicant's reported migraines as fully diagnosed, treated, and stabilised, thus precluding an impairment rating for this condition.

As the applicant’s conditions did not attract 20 or more points under the Impairment Tables, the Senior Member found it unnecessary to consider her continuing inability to work. Consequently, the applicant’s claim for a disability support pension could not succeed, and the decision under review was affirmed. The applicant was advised that she could reapply for the pension at any time.