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

This matter concerned an application for a disability support pension by the applicant, Odeshow, against the Secretary of the Department of Social Services. The central dispute revolved around whether the applicant’s physical and psychiatric impairments met the criteria for the pension, specifically whether they attracted 20 or more points under the relevant Impairment Tables. The decision was made by A Poljak SM in the Social Services Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant had physical, intellectual, or psychiatric impairments, and crucially, whether these conditions were fully diagnosed, treated, and stabilised during the relevant period. The Tribunal was required to determine if the assessed impairments, if any, attracted a score of 20 points or more under the Impairment Tables, which is a prerequisite for granting a disability support pension.

The Tribunal’s reasoning focused on the requirement that conditions must be fully diagnosed, treated, and stabilised before an impairment rating can be assigned. Regarding the applicant’s mental health condition, the Tribunal found that a diagnosis by a psychiatrist and the commencement of treatment had only occurred recently, falling outside the relevant period for the application. Furthermore, the evidence from a psychologist was deemed unhelpful as he was not a clinical psychologist. For diabetes, the Tribunal noted that while diagnosed, the condition remained volatile and the applicant had not seen a specialist or received diabetes education, indicating it was not fully stabilised. Consequently, the Tribunal was not satisfied that the applicant’s conditions were fully diagnosed, treated, and stabilised during the relevant period, meaning no impairment rating could be assigned.

As the applicant’s conditions did not attract the requisite 20 points under the Impairment Tables, the Tribunal concluded that the claim for a disability support pension could not succeed. The decision under review was affirmed. The applicant was advised that he could apply for a disability support pension again at any time.