Re: Anna D'AscanioAPPLICANTAnd Secretary, Department of Social ServicesRESPONDENT

This matter concerned an application by Anna D'Ascanio for a disability support pension, with the Secretary of the Department of Social Services as the respondent. The Administrative Appeals Tribunal was required to determine whether Mrs D'Ascanio's various impairments, including chronic back pain and anxiety, were fully diagnosed, fully treated, and fully stabilised at the time of her claim or within the subsequent 13 weeks, as required by the Impairment Tables.

The central legal issue was whether Mrs D'Ascanio's conditions met the criteria for a disability support pension under the relevant social security legislation, specifically concerning the assessment of impairments and the applicant's continuing inability to work. This required the Tribunal to consider whether her impairments could be assigned 20 points or more under the Impairment Tables and whether she had a continuing inability to work.

The Tribunal applied the criteria set out in sections 6(5) and 6(6) of the Impairment Tables. Section 6(5) mandates consideration of corroborating evidence of the condition, the treatment received, and any ongoing or planned treatment within the next two years. Section 6(6) defines a condition as fully stabilised if reasonable treatment has been undertaken and further reasonable treatment is unlikely to result in significant functional improvement enabling the person to undertake work within the next two years. The Tribunal noted, referencing *Re Fanning*, that the assessment must be forward-looking, considering the likely effect of treatment at the time of the claim and the following 13 weeks, rather than relying on hindsight from later evidence. Despite a psychologist's report suggesting her conditions were stable and fully treated, a job capacity assessment report concluded that her chronic back pain and depression were not fully treated or stabilised, citing ongoing referrals for pain management and occupational therapy, and changing treatment plans for depression.

As the applicant did not qualify for the disability support pension at the time she lodged the claim, or within 13 weeks of that date, the Tribunal affirmed the decision under review.