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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding eligibility for a Disability Support Pension (DSP). The applicant, who was self-represented, contended that she had met all requirements for the DSP and felt she had been left without adequate support. The respondent argued that the applicant did not meet the criteria for the DSP during the relevant qualification period, specifically concerning impairment ratings, severe impairment, participation in support programs, and continuing inability to work.

The central legal issue before the Tribunal was whether the applicant's medical conditions, particularly mental health conditions described as PTSD, anxiety, and depression, had been fully diagnosed, fully treated, and fully stabilised during the qualification period, such that an impairment rating of 20 points or more could be assigned under the Impairment Tables. The Tribunal was required to apply the criteria set out in section 94(1) of the relevant Act.

The Tribunal's reasoning focused on the requirement that for an impairment rating to be assigned under the Impairment Tables, the condition must be fully diagnosed, fully treated, and fully stabilised. While evidence indicated a history of mental health conditions, including depression described as temporary and responding to medication, the Tribunal found insufficient evidence to conclude that these conditions were fully treated or stabilised during the qualification period. Consequently, no impairment rating could be applied under the Impairment Tables. As the applicant did not meet the threshold of a 20-point impairment rating, the cumulative requirements of section 94(1) of the Act were not satisfied, and the application was dismissed. The Tribunal affirmed the decision under review.