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

This matter concerned an appeal by Mr Kevin Roos against a decision of the Social Services and Child Support Division to reject his claim for a Disability Support Pension. The Administrative Appeals Tribunal (AAT) considered whether Mr Roos had impairments during the relevant qualification period that were fully diagnosed, stabilised, and treated, as required by section 94(1)(b) of the *Social Security Act 1991* (Cth).

The Tribunal was required to determine if the applicant's medical conditions, as presented, met the statutory requirements for a Disability Support Pension. Specifically, the court had to assess whether the applicant's impairments were fully diagnosed, stabilised, and treated during the qualification period, and whether reasonable treatment measures had been followed. The relevance of evidence provided outside the qualification period, but referable to the condition during that period, was also a consideration.

The Tribunal found that while the applicant referred to various medical conditions, including mental health issues, there was a significant lack of corroborative medical evidence. This included a deficiency in details regarding prognosis, confirmation of permanence, recommended treatments, and whether the conditions were likely to exist for more than two years. The Tribunal noted that self-diagnosis, not supported by medical evidence, was insufficient. Furthermore, the applicant had not followed reasonable treatment measures in their entirety. Consequently, the Tribunal concluded that section 94(1)(b) of the Act was not satisfied. The Tribunal affirmed the decision to reject the claim for the Disability Support Pension, while noting that this did not preclude the applicant from making a new claim.