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

This matter concerned an appeal by Ms Mekonnen against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT) affirming the cancellation of her disability support pension. The Secretary of the Department of Social Services had cancelled the pension following a review. Ms Mekonnen contended that her conditions, specifically a mental health condition and a spinal and back condition, met the criteria for the pension.

The primary legal issues before the Tribunal were whether Ms Mekonnen's impairments were assessable at 20 points or more under the relevant Impairment Tables, and whether she had a continuing inability to work. These questions were to be determined in light of the requirements of subsection 94(1) of the Social Security Act 1991 (Cth), which necessitates a physical, intellectual, or psychiatric impairment, an assessment of 20 points or more under the Impairment Tables, and a continuing inability to work.

The Tribunal found that while Ms Mekonnen had a recognised mental impairment (schizophrenia and depression) and a spinal impairment, the evidence regarding her spinal condition was insufficient to establish that it was fully diagnosed, treated, and stabilised as at the relevant date. Medical reports indicated chronic pain but lacked detail on specialist treatment or attendance at a pain management clinic. Although there was more recent medical evidence concerning her mental health than was before the AAT, the Tribunal ultimately affirmed the AAT's decision that Ms Mekonnen did not qualify for the disability support pension.