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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, QZXS, against the Secretary, Department of Social Services. The core dispute revolved around whether the Applicant met the eligibility requirements for a DSP, specifically concerning the qualification period, the assignment of impairment ratings under the Impairment Tables, and a continuing inability to work. The decision was made by Senior Member M Evans-Bonner in the Administrative Appeals Tribunal (AAT).

The legal issues before the Tribunal were threefold: first, whether the Applicant suffered from a physical, intellectual, or psychiatric impairment or impairments during the qualification period; second, if impairments were present, whether they were fully diagnosed, treated, and stabilised, and attracted a rating of 20 points or more under the relevant Impairment Tables; and third, whether the Applicant had a continuing inability to work. The Tribunal also had to consider the Applicant's conduct, including allegations of misleading and improper conduct by the Respondent and its representatives, which the Tribunal found to be without foundation, and the Applicant's repeated requests for adjournments and recusal of the Senior Member.

The Tribunal noted the protracted nature of the application, which had taken approximately five years to reach a final hearing, involving numerous directions hearings and vacated hearing dates. The Senior Member considered the Applicant's requests for adjournment and reasonable adjustments, offering several accommodations, including a video conference hearing, a full day set aside, breaks, the presence of a support person, a later start time, and additional time for written submissions. Despite these offers, the Applicant sought an adjournment and requested the Senior Member's recusal, alleging bias and manipulation. The Tribunal found the Applicant's allegations of misconduct to be unsubstantiated and ultimately affirmed the Reviewable Decision.