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

The Administrative Appeals Tribunal (AAT) considered the appeal of Mr Lisi against the decision of the Secretary, Department of Social Services, to cancel his disability support pension. The central dispute concerned whether Mr Lisi's psychiatric conditions met the criteria for a disability support pension under the relevant legislative provisions, specifically the Impairment Tables.

The AAT was required to determine whether Mr Lisi's conditions of post-traumatic stress disorder and major depression were fully diagnosed, fully treated, and fully stabilised as at 30 November 2016, and whether these conditions, when rated under the Impairment Tables, scored 20 points or more. These requirements are fundamental to establishing eligibility for a disability support pension, as outlined in s.94(1) of the Social Security Act 1991.

The Tribunal's reasoning focused on the definition of a "permanent condition" under s.6(4) of the Impairment Tables, which requires a condition to be fully diagnosed, fully treated, and fully stabilised. Following a previous review where it was found that Mr Lisi's conditions were not fully diagnosed, treated, and stabilised, a subsequent report from a consultant psychiatrist, Dr Geoffrey Hogan, confirmed a diagnosis of chronic and severe post-traumatic stress disorder and major depressive disorder. The parties accepted this confirmation meant the conditions were fully diagnosed as at the relevant date. The Tribunal then considered whether the conditions were also fully treated and stabilised by that date, having regard to the evidence of Mr Lisi's ongoing treatment.

Ultimately, the Tribunal was not satisfied that Mr Lisi was disqualified from receiving a disability support pension as at 30 November 2016. Consequently, the decision to cancel Mr Lisi's disability support pension was set aside.