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

This matter concerned an appeal by an applicant against a decision of the Administrative Appeals Tribunal (AAT) affirming a decision by the Secretary of the Department of Social Services to reject her claim for a disability support pension. The applicant contended that she suffered from various diagnosed and treated conditions, including depression, anxiety, shoulder and spinal problems, a broken ankle, asthma, sarcoidosis, and diabetes, which resulted in a continuing inability to work and a severe functional impact on her activities.

The Tribunal was required to determine whether the applicant met the criteria for a disability support pension, specifically whether she had a severe impairment as defined by the relevant impairment tables. This involved assessing whether she achieved at least 20 impairment points for any single condition. If not, the Tribunal also needed to consider whether she had participated in a Program of Support (POS) for at least 564 days (18 months) out of the three years prior to the relevant period, or if her impairment prevented her participation in any offered program.

The Senior Member noted that the applicant's evidence, particularly regarding the onset and severity of her conditions, contained discrepancies when compared to earlier statements made to the AAT and on various forms. The Tribunal gave greater weight to evidence provided closer to the relevant period. While the applicant had participated in a POS for 631 days, 138 of those were suspension days, leaving 493 eligible days, which was insufficient to overcome the lack of 20 points for any single condition. The Tribunal concluded that the applicant did not demonstrate a severe impairment under any single impairment table and affirmed the AAT's decision. The applicant was advised that she could make a new application for the pension and was given information about seeking assistance from Centrelink or community support persons.