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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the applicant was not qualified for a Disability Support Pension. The Administrative Appeals Tribunal was required to determine whether the applicant's impairments attracted 20 points or more under the Impairment Tables and, if so, whether the applicant had a continuing inability to work.

The Tribunal considered whether the applicant's mental health condition was fully diagnosed, fully treated, and fully stabilised during the relevant period. While the applicant's major depression was found to be fully diagnosed, the respondent contended it was not fully treated or stabilised, citing recommendations for psychotherapy, mindfulness, and addressing potential sleep apnoea, with limited evidence of consistent engagement with these treatments. The applicant's own evidence indicated difficulties in accessing consistent psychological support due to financial and transport barriers.

Ultimately, the Tribunal found that the applicant's mental health, neck, and hip conditions, while fully diagnosed, were not fully treated and stabilised during the relevant period, meaning they could not be considered permanent for the purposes of the Impairment Tables. Consequently, the Tribunal determined that the applicant's impairments did not attract 20 points or more under the Impairment Tables. The decision under review was therefore affirmed.