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

This matter concerned an appeal by the applicant against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the Secretary of the Department of Social Services' decision to reject her claim for a disability support pension. The applicant sought to establish that she met the criteria for the pension, specifically by demonstrating a sufficient level of impairment.

The core legal issues before the Tribunal were whether the applicant had any physical, intellectual, or psychiatric impairment at the time of the qualification period, and if so, whether these impairments attracted ratings of at least 20 points under the Impairment Tables. Crucially, the Tribunal also had to determine if the applicant had a 'continuing inability to work' as defined by the relevant legislation.

The Tribunal considered evidence relating to the applicant's physical injuries from a motorcycle incident, her mental health conditions including depression and PTSD, Hepatitis C, and hypothyroidism. It found that while the applicant suffered from physical impairments and had mental health conditions, the latter could not be assigned impairment points because, at the time of the claim, they were not considered fully diagnosed, fully treated, and fully stabilised, as required by subsection 6(4) of the Impairment Tables Determination. The Tribunal also noted that her Hepatitis C and hypothyroidism were well managed with limited functional impact.

Ultimately, the Tribunal concluded that the applicant did not qualify for a disability support pension as she did not meet the threshold for impairment points. Consequently, the decision of the AAT was affirmed.