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

This matter concerned an appeal by Ms Osborne against a decision of the Secretary of the Department of Social Services regarding her eligibility for Disability Support Pension (DSP). The core dispute revolved around whether Ms Osborne’s impairments met the criteria for a DSP qualification during the relevant period. The case was heard by Mr Conrad Ermert, a Member of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Osborne suffered from physical, intellectual, or psychiatric impairments, whether these impairments attracted a rating of at least 20 points under the Impairment Tables, and whether she had a continuing inability to work. The Tribunal was required to assess the permanence of Ms Osborne's condition, specifically whether it had been fully diagnosed, fully treated, and fully stabilised, as stipulated by section 6(3)(a) and 6(4) of the Impairment Tables.

The Tribunal found that Ms Osborne did suffer from impairments arising from her mental health condition, which were accepted by the Respondent and supported by medical evidence. The Tribunal was satisfied that her condition was fully diagnosed by a qualified medical practitioner. However, the critical determination was whether the condition was fully treated and stabilised. While Ms Osborne had engaged in a wide array of treatments, including clinical psychology, psychiatry, and various medications, the Tribunal noted reports indicating that her symptoms of anxiety and depression had persisted. Despite some reports suggesting relative stability or minor gains, other evidence indicated ongoing significant levels of depression and anxiety, with no meaningful remittance. The Tribunal concluded that Ms Osborne had been fully treated, having sought extensive interventions.

Ultimately, the Tribunal set aside the previous decision under review. It substituted a new decision finding that, at the relevant period, Ms Osborne was qualified for DSP.