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

The Administrative Appeals Tribunal (AAT) considered the case of Miller and the Secretary, Department of Social Services, concerning an application for a disability support pension. The applicant sought to overturn a decision by the Department of Social Services that affirmed a previous decision to refuse the pension.

The central legal issues before the Tribunal were whether the applicant's mental health conditions were fully diagnosed, treated, and stabilised, and whether the assessed level of impairment attracted a rating of 20 points or more under the relevant Impairment Tables. Furthermore, the Tribunal had to determine if the applicant had a continuing inability to work.

The Tribunal's reasoning focused on assessing the evidence presented regarding the applicant's mental health conditions, treatment history, and the impact of these conditions on their capacity to work. It applied the criteria set out in the Social Security Act 1991 and the relevant Impairment Tables to evaluate the diagnosis, treatment, and stabilisation of the applicant's conditions, as well as their functional capacity. The Tribunal concluded that the evidence did not satisfy the requirements for granting a disability support pension.

Consequently, the Tribunal affirmed the decision under review.