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

This matter concerned an appeal by Ms Provencal against a decision by the Secretary of the Department of Social Services to refuse her claim for a disability support pension. The appeal was heard by A Poljak SM.

The primary legal issues before the court were whether Ms Provencal's conditions were fully diagnosed, treated, and stabilised, and whether these conditions resulted in a severe functional impact on her activities, as assessed against the Impairment Tables. Specifically, the court had to determine if her claimed conditions, including Post-Traumatic Stress Disorder (PTSD), cognitive impairment, and migraines, met the criteria for an impairment rating under the relevant tables.

The court found that Ms Provencal's PTSD condition was not fully diagnosed during the claim period, as the report from a registered psychologist did not meet the requirements of Table 5, and a subsequent report from a psychiatrist fell outside the claim period and did not offer a definitive diagnosis. Regarding cognitive function, the court determined that self-reporting of memory and concentration difficulties due to exhaustion was insufficient without corroborating evidence from specialist reports or diagnostic tests as required by Table 7. Similarly, insufficient clinical details were provided for her migraines. As Ms Provencal's impairments did not rate 20 or more points on the Impairment Tables, her claim for a disability support pension could not succeed. The court affirmed the decision under review.