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

This matter concerned an application for review of a decision to reject MQVR's claim for a Disability Support Pension (DSP). The dispute before the Administrative Appeals Tribunal (AAT) was whether MQVR was qualified for DSP between 12 November 2014 and 12 February 2015, a period determined by the date of claim and 13 weeks thereafter. The core of the dispute centred on whether MQVR's impairments met the criteria set out in section 94 of the *Social Security Act 1991* (Cth).

The Tribunal was required to determine if MQVR's impairments were permanent, meaning they were fully diagnosed, treated, and stabilised and likely to persist for more than two years. It also needed to ascertain whether these impairments attracted an impairment rating of at least 20 points under the Impairment Tables, and if so, whether MQVR had a continuing inability to work as a result of these impairments. The Impairment Tables are function-based, assessing the functional impact of impairments rather than solely relying on diagnoses.

The Tribunal found that MQVR had permanent medical conditions that attracted a total of 35 impairment points. Specifically, her ulcerative colitis attracted 20 points under Table 10, her avascular necrosis, fibromyalgia, and chronic sacroiliitis attracted 10 points under Table 1, and her upper limb conditions attracted 5 points under Table 3. As her ulcerative colitis alone attracted 20 points, MQVR was considered to have a severe impairment. The Tribunal was also satisfied that MQVR met the requirement of a continuing inability to work.

Consequently, the Tribunal set aside the previous decision and substituted a new decision finding that MQVR was qualified to receive the Disability Support Pension within the specified period of 12 November 2014 to 12 February 2015.