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

This matter concerned an appeal by Ms Kordanovski against the Secretary of the Department of Social Services regarding the cancellation of her Disability Support Pension. The dispute centred on whether Ms Kordanovski's various medical conditions, including borderline personality disorder and anorexia, met the criteria for a 20-point impairment under the relevant Impairment Tables, and whether she had a continuing inability to work. The case was heard by Dr Stewart Fenwick, Senior Member.

The primary legal issues before the Tribunal were to determine if Ms Kordanovski's conditions were fully diagnosed, treated, and stabilised, and if they met the threshold for a 20-point impairment under the Impairment Tables. Additionally, the Tribunal considered the impact of her role as a carer on the diagnosis and assessment of her impairment, and whether she had a continuing inability to work.

The Tribunal reasoned that while the Secretary contended Ms Kordanovski's conditions were not fully diagnosed, treated, and stabilised, evidence from medical professionals indicated otherwise. Dr Cidoni believed her long-standing condition had not improved despite reasonable treatment, and Ms Alderman considered her anorexia to be a permanent condition, with her engagement in treatment being to the extent she was able. The Tribunal found that Ms Kordanovski's conditions resulted in a severe functional impairment, assigning severe ratings to four out of six descriptors, particularly concerning her behaviour, planning, decision-making, and work/training capacity. Furthermore, the Tribunal determined that Ms Kordanovski was in receipt of opiate replacement therapy at the relevant time, consistent with a moderate impairment rating under Table 6 relating to alcohol, drug, and other substance use. The Tribunal set aside the decision to cancel the Disability Support Pension and substituted a new decision.