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

This matter concerned an appeal by Mr Prsa against a decision of the Secretary, Department of Social Services, affirming a decision that he did not qualify for a Disability Support Pension (DSP) during a specified claim period. The appeal was heard by Dr I Alexander, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Prsa's mental health condition was fully diagnosed, treated, and stabilised during the qualification period, and whether this condition resulted in an impairment that attracted 20 points or more under the Impairment Tables, thereby constituting a severe impairment. The Tribunal was required to determine if Mr Prsa met the criteria under section 94(1)(c) of the relevant Act for DSP qualification.

The Tribunal found that the medical evidence was incomplete and did not sufficiently support Mr Prsa's contentions. Specifically, a letter from Dr Mayne, relied upon for a diagnosis of post-traumatic stress disorder, provided no such information and was of limited value, only suggesting potential benefit from further psychological treatment. Crucially, Mr Prsa did not receive psychological treatment until after the qualification period had ended. Evidence of treatment provided by Ms Muller between May and October 2017, though brief, indicated that the condition was not fully treated or stabilised during the qualification period. Consequently, the Tribunal was satisfied that Mr Prsa's mental health condition was not permanent for the purposes of the Impairment Determination, meaning a rating under Impairment Table 5 could not be applied. As Mr Prsa did not have a severe impairment under a single Impairment Table and had not completed the required 18 months of participation in a Program of Support, he did not satisfy section 94(1)(c) of the Act.

The Tribunal affirmed the decision under review, concluding that Mr Prsa did not qualify for a Disability Support Pension during the relevant period.