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

This matter concerned an appeal by Mr Lonie against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The appeal was heard by P E Nolan SM, who was required to consider the matter afresh.

The primary legal issue before the Tribunal was whether Mr Lonie's psychiatric condition had been fully diagnosed, treated, and stabilised, a prerequisite for qualifying for a Disability Support Pension under the relevant legislation. While Mr Lonie's other condition, Fibromyalgia, was found to be fully diagnosed, treated, and stabilised, and met the criteria for a 10-point impairment, the focus of the appeal rested on the psychiatric impairment.

The Tribunal acknowledged Mr Lonie's right to refuse medical advice and treatment, including prescribed medication. However, it reasoned that without evidence demonstrating that his psychiatric condition had been fully treated and stabilised, he could not satisfy the legislative requirements for the pension. The Tribunal found that despite being advised by medical practitioners, including a psychiatrist, Mr Lonie had refused to follow their recommendations, meaning the psychiatric impairment was not fully treated or stabilised.

Consequently, the Tribunal set aside the previous decision and substituted its own, finding that Mr Lonie did not qualify for the Disability Support Pension because his psychiatric impairment had not been fully treated or stabilised, rendering his continuing inability to work irrelevant for the purposes of this assessment.