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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, Ms Mudaliar, against a decision by the Secretary, Department of Social Services. The core of the dispute revolved around whether the Applicant met the legislative criteria for receiving a DSP, specifically concerning the nature and severity of her medical conditions during a defined "Qualification Period."

The Administrative Appeals Tribunal was required to determine several key issues. These included whether the Applicant's physical, intellectual, or psychiatric conditions were fully diagnosed, fully treated, and fully stabilised during the Qualification Period. Furthermore, the Tribunal had to assess whether these conditions resulted in a functional impairment that attracted an Impairment Rating of 20 points or more under the relevant Impairment Tables. If this threshold was met, the Tribunal also needed to consider whether the impairment was severe under a single table, or if a Program of Support had been completed, and ultimately, whether the Applicant had a continuing inability to work.

The Tribunal accepted that the Applicant suffered from impairments, including trigeminal neuralgia, plantar fasciitis, depression, and hypothyroidism, satisfying the initial limb of the DSP eligibility criteria. However, the central issue was whether these impairments, particularly the trigeminal neuralgia, were fully diagnosed, fully treated, and fully stabilised during the Qualification Period. The Respondent contended that this was not the case, and therefore, the condition could not attract an impairment rating. While acknowledging the Applicant's facial pain condition, the Tribunal found that the evidence did not establish that it met the "fully diagnosed, fully treated and fully stabilised" requirement during the relevant period.

Consequently, the Applicant failed to demonstrate that her impairments attracted the requisite 20 points or more under the Impairment Tables. The Tribunal noted that her conditions might have since improved or stabilised, and she was advised to lodge a fresh application with updated medical evidence. Accordingly, the decision under review was affirmed.