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

This matter concerned an appeal by Mr Stuart Murray against a decision by the Secretary of the Department of Social Services to cancel his Disability Support Pension (DSP). The Administrative Appeals Tribunal was required to determine whether Mr Murray's conditions, Bipolar Disorder and migraines, were of such a nature and severity that they prevented him from undertaking any substantial and gainful work.

The Tribunal considered the legal issue of whether Mr Murray's Bipolar Disorder was fully treated and stabilised, and whether his migraines significantly impacted his capacity to work. The Tribunal had regard to evidence from Mr Murray himself, his friends, his mother, and a consultant psychiatrist, Dr Gregor Schutz. Mr Murray reported experiencing ongoing symptoms of depression, suicidal ideation, and self-harm urges, despite being diagnosed with Bipolar Disorder in 2007 and taking medication. He also described significant limitations due to migraines.

Dr Schutz's assessment indicated that while Mr Murray's manic symptoms were controlled, he still experienced prominent depression and hypomanic symptoms. Crucially, Dr Schutz concluded that Mr Murray's bipolar depression had not been adequately treated, and therefore his condition could not be considered fully treated and stabilised. The Tribunal accepted this assessment, finding that Mr Murray's Bipolar Disorder was not fully treated and stabilised, and that his migraines, while impacting his capacity, did not, in conjunction with his untreated bipolar depression, render him unable to undertake substantial and gainful work. Consequently, the Tribunal affirmed the decision to cancel Mr Murray's DSP.