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

This matter concerned an appeal by Ms Markou against a decision by the Secretary of the Department of Social Services to reject her claim for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Ms Markou met the eligibility criteria for the pension as at 27 November 2019.

The core legal issues before the Tribunal were whether Ms Markou’s medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, whether these conditions attracted an impairment rating of at least 20 points under the Social Security Act 1991, and whether she had a continuing inability to work.

The Tribunal acknowledged the significant challenges Ms Markou had faced due to her fibromyalgia. However, it found that she did not meet the specific criteria for the disability support pension for the period ending 27 November 2019. The Tribunal affirmed the decision under review, noting that this outcome did not prevent Ms Markou from reapplying for the pension in the future should her condition change or if she participated in a program of support.