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

The Administrative Appeals Tribunal considered the entitlement of Ozkose (the applicant) to a disability support pension, which was challenged by the Secretary of the Department of Social Services. The applicant sought to establish that her conditions were fully treated and stabilised during the qualification period and that her impairment met the threshold of 20 points or more under section 94(1)(b) of the relevant legislation.

The Tribunal was required to determine whether the applicant's medical conditions met the criteria for a disability support pension, specifically focusing on whether these conditions were fully treated and stabilised within the relevant qualification period. A key aspect of this determination was assessing whether the applicant's overall impairment reached the statutory threshold of 20 points or more.

The Tribunal acknowledged the applicant's strength and determination, as well as her honesty during the hearing. It was evident that she suffered from various physical and mental health challenges and had diligently undertaken treatment. However, the Tribunal noted that some of her conditions remained open to further intervention and potential improvement, while others, such as her musculoskeletal and mental health problems, appeared less amenable to further treatment, irrespective of their status during the qualification period. Ultimately, the Tribunal affirmed the decision under review.