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

This matter concerned an appeal by an applicant, Ms Peachy, against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension (DSP). The dispute centred on whether Ms Peachy's impairments were fully diagnosed, treated, and stabilised, and whether these impairments attracted at least 20 points under the relevant Impairment Tables, specifically Table 1 concerning functions requiring physical exertion and stamina. The case was heard by Senior Member Bill Stefaniak AM RFD of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine if Ms Peachy's various medical conditions, including haemochromatosis, widespread musculoskeletal pain, and depression, met the criteria for a DSP. This involved assessing whether her impairments were sufficiently severe and had reached a point of stability where further medical treatment was unlikely to significantly improve her functional capacity. Crucially, the tribunal had to quantify the level of impairment under the Impairment Tables, specifically focusing on the physical exertion and stamina aspects, to ascertain if the threshold of 20 points was met as at the relevant claim period.

The tribunal found that Ms Peachy's conditions, particularly those presenting symptoms akin to chronic fatigue syndrome, were not fully treated and stabilised until mid-July 2017, which fell within the claim period. Based on the evidence presented, including her functional limitations in daily activities such as shopping, meal preparation, and household chores, the tribunal concluded that her impairments attracted 20 points under Table 1. This determination satisfied the requirements for a DSP. Consequently, the tribunal set aside the original decision and ordered that Ms Peachy be granted a DSP with effect from 17 August 2017.