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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Robertson, a 47-year-old New Zealand citizen residing in Australia. Mr Robertson claimed his ability to work was affected by severe Post Traumatic Stress Disorder (PTSD) stemming from a workplace injury in 2007. Centrelink initially rejected his claim due to insufficient medical evidence, and this decision was affirmed on internal review. Mr Robertson sought review of the departmental decision before the Administrative Appeals Tribunal (AAT).

The primary legal issues before the Tribunal were whether Mr Robertson suffered from a physical, intellectual, or psychiatric impairment, and if so, whether this impairment attracted a rating of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (the Impairment Tables). Crucially, the Tribunal had to determine if Mr Robertson's condition was fully diagnosed, treated, and stabilised, as required for an impairment rating to be applied.

The Tribunal found that Mr Robertson did suffer from a mental health impairment, satisfying the first limb of the DSP qualification requirements. However, the Tribunal determined that his condition was not fully diagnosed, treated, and stabilised. While Mr Robertson provided extensive documentation, including reports from his Supreme Court common law claim which indicated a serious injury certificate requiring stabilisation and permanence, the Tribunal noted that the medical evidence did not demonstrate that all reasonable treatment had been undertaken or that no significant improvement in function was expected in the next two years. Consequently, his impairment could not be rated under the Impairment Tables, and he did not meet the threshold for a DSP.

The Tribunal affirmed the decision of the Secretary, Department of Social Services, that Mr Robertson did not qualify for a Disability Support Pension.