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

This matter concerned an application for a second review by the Applicant against the Secretary, Department of Social Services, regarding eligibility for a disability support pension. The core dispute revolved around whether the Applicant met the qualification criteria for the pension during the relevant qualification period, specifically concerning the nature and severity of their impairments.

The Tribunal was required to determine three key issues: first, whether the Applicant possessed a physical, intellectual, or psychiatric impairment for the purposes of the Social Security Act 1991 (Cth); second, if an impairment existed, whether it was fully diagnosed, treated, and stabilised, and attracted an impairment rating of at least 20 points under the relevant Impairment Tables; and third, whether the Applicant had a continuing inability to work.

The Tribunal considered the Applicant's dry eye syndrome, fibromyalgia, and a mental health condition. It found that while the dry eye syndrome was permanent and attracted a 10-point impairment rating under Table 12, the fibromyalgia was not considered permanent as it had not been treated and stabilised. Similarly, the mental health condition was not deemed fully diagnosed, treated, and stabilised, thus precluding an impairment rating. Consequently, the Applicant did not meet the threshold of 20 impairment points required for a disability support pension. The Tribunal affirmed the previous decisions, finding that the Applicant did not meet the eligibility requirements.