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

This matter concerned an appeal by Ms Samson against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a disability support pension. The core of the dispute revolved around whether Ms Samson's impairments attracted a rating of 20 or more points under the relevant impairment tables, as required by the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was tasked with determining this question.

The legal issues before the Tribunal were whether Ms Samson's diagnosed conditions, including anxiety, depression, shoulder tendonitis, and fibromyalgia, were permanent and whether the resulting impairments were likely to persist for more than two years. Specifically, the Tribunal had to assess the functional impact of these conditions according to the Impairment Tables, which are designed to rate the level of functional impact rather than the conditions themselves. The Tribunal also considered whether Ms Samson's coeliac disease met the criteria for inclusion in the assessment.

The Tribunal reasoned that an impairment rating could only be assigned if the underlying condition was fully diagnosed, treated, stabilised, and likely to persist for over two years. While acknowledging Ms Samson suffered from anxiety, depression, shoulder tendonitis, and fibromyalgia, the Tribunal found the evidence regarding her coeliac disease was not sufficiently diagnosed or corroborated to demonstrate its functional impact. Applying the Impairment Tables, the Tribunal concluded that Ms Samson's impairments did not attract the requisite 20 points.

Consequently, the Tribunal affirmed the decision under review, finding that Ms Samson did not meet the criteria for a disability support pension based on the assessed impairment ratings.