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

The Administrative Appeals Tribunal considered an application for a disability support pension by Denise Lawrence against the Secretary, Department of Social Services. The applicant sought review of a decision affirming the rejection of her claim for the pension. The core of the dispute concerned whether the applicant's various medical conditions, including anxiety, back pain, and migraines, met the criteria for a disability support pension under the Social Security Act 1991 (Cth).

The Tribunal was required to determine three key issues. Firstly, whether the applicant had any physical, intellectual, or psychiatric impairment at the time of the qualification period. Secondly, if impairments were found, whether these attracted ratings of at least 20 points under the relevant Impairment Tables. Finally, if the impairment threshold was met, the Tribunal needed to assess whether the applicant had a continuing inability to work as defined by the Act.

In reaching its decision, the Tribunal applied the principles outlined in the Social Security Act 1991 and the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Tribunal noted that impairments must be permanent, fully diagnosed, treated, and stabilised, and likely to persist for more than two years. Furthermore, symptoms can only be taken into account if supported by corroborating evidence. The Tribunal found that the applicant's various medical conditions, despite causing distress and impacting her daily activities, did not attract the required points under the Impairment Tables.

Consequently, the Tribunal found that the applicant had zero points under the Impairment Tables, failing to satisfy the threshold under section 94(1)(b) of the Act. As this criterion was not met, the Tribunal did not need to consider whether the applicant had a continuing inability to work. The decision under review was affirmed, meaning the applicant did not qualify for a disability support pension.