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

This matter concerned an appeal by the applicant, Ms Ladley, against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a Disability Support Pension. The review was heard by P E Nolan SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an impairment that was permanent and attracted 20 impairment points or more under the relevant Impairment Tables, as required by section 94(2) of the Social Security Act 1991 (Cth). This involved determining whether the applicant's anxiety condition was fully diagnosed, treated, and stabilised according to the requirements of the Impairment Tables.

The Tribunal considered the applicant's anxiety condition, which had been diagnosed by her general practitioner. However, the respondent contended that the condition was not diagnosed by a clinical psychologist or psychiatrist, a prerequisite for meeting the criteria under Table 5 – Mental Health Function. While the applicant's GP had noted the condition and prescribed medication, and a Job Capacity Assessor had reported it as likely to persist, the Tribunal found that the diagnosis had not been verified or treated by a clinical psychologist or psychiatrist within the relevant period. Consequently, the applicant's anxiety condition could not be considered fully diagnosed, treated, and stabilised for the purposes of the Act.

As the applicant had not attained an aggregate of 20 impairment points under any of the Impairment Tables, the Tribunal found it unnecessary to consider whether she had a continuing inability to work. Accordingly, the applicant did not qualify for the Disability Support Pension, and the decision under review was affirmed.