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

This matter concerned an appeal by Ms Owen against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal was required to determine whether Ms Owen met the criteria for a DSP, specifically concerning her mental health condition.

The primary legal issues before the Tribunal were whether Ms Owen's mental health impairment was fully diagnosed, fully treated, and fully stabilised, and whether this impairment attracted an impairment rating of 20 or more points under the relevant Impairment Tables. The Tribunal also considered other potential impairments, including hearing, leg pain, heart condition, and shoulder condition, to ascertain if they met the qualification requirements.

The Tribunal found that Ms Owen suffered from a mental health impairment, specifically anxiety and depression, which met the initial requirement under section 94(1)(a) of the Social Security Act 1991 (Cth). However, for an impairment rating to be assigned under section 94(1)(b), the condition causing the impairment must be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised, and is likely to persist for more than two years. The Tribunal noted that the shoulder condition arose outside the relevant qualification period. While the mental health condition was accepted as a primary reason for the DSP application, the provided text does not detail the Tribunal's specific findings on whether it met the stringent criteria for being fully diagnosed, treated, and stabilised to attract the necessary impairment rating.