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

This matter concerned an appeal by Ms Nguyen against a decision of the Secretary of the Department of Social Services regarding her claim for a disability support pension. The central dispute revolved around whether Ms Nguyen's various medical conditions met the criteria for a disability support pension, specifically concerning the assessment of impairment ratings under the relevant Impairment Tables. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Nguyen's claimed impairments, including depression, a neck disorder, lower back pain, and allergies, were fully diagnosed, treated, and stabilised during the relevant claim period. The Tribunal was required to determine if these conditions, individually or in combination, resulted in an impairment rating of at least 20 points under the Impairment Tables, which is a prerequisite for a disability support pension. A further issue, though ultimately not determinative, was whether Ms Nguyen had a continuing inability to work, which ordinarily requires active participation in a program of support.

The Tribunal reasoned that for an impairment to be rated, it must be fully diagnosed, treated, and stabilised. Ms Nguyen's depression was not considered sufficiently diagnosed or evidenced during the claim period, particularly as she indicated she was not suffering symptoms at that time. Her neck pain was also found to be insufficiently diagnosed, with a medical report indicating uncertainty about its nature and a lack of corroborating specialist or allied health evidence. Similarly, other claimed conditions like lower back pain and allergies lacked evidence of being fully diagnosed, treated, and stabilised. Consequently, the Tribunal concluded that Ms Nguyen's impairments did not achieve the required 20-point threshold under the Impairment Tables.

As Ms Nguyen's impairments did not meet the minimum impairment rating required for a disability support pension, her claim could not succeed. The Tribunal affirmed the decision under review, noting that Ms Nguyen was free to reapply for a disability support pension at any time.