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

This matter concerned an appeal by an applicant against a decision of the Department of Social Services regarding their eligibility for a Disability Support Pension. The core dispute revolved around whether the applicant's mental health condition met the criteria for the pension, specifically concerning whether the condition was fully diagnosed, fully treated, and fully stabilised during the relevant period, and whether it resulted in a functional impairment attracting at least 20 impairment points under the Impairment Tables. The case was heard by P J Clauson Am SM.

The legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric condition that was fully diagnosed, fully treated, and fully stabilised during the relevant period. Furthermore, the Tribunal had to determine if this condition caused a functional impairment that attracted an impairment rating of 20 points or more under the Impairment Tables, and if so, whether the impairment was severe under a single table or if a Program of Support had been completed, and finally, whether the applicant had a continuing inability to work.

The Tribunal accepted the respondent's contention that while the applicant's mental health condition was fully diagnosed, it had not been fully treated and fully stabilised during the relevant period. Although medical evidence indicated a long history of chronic anxiety and depression, and the applicant was receiving medication and had completed some counselling sessions, the Tribunal found that the evidence did not establish the extent of treatment received over the years or that the condition was fully stabilised. Crucially, the Tribunal noted that the applicant had not reached the required 20 impairment points. Consequently, the decision under review was affirmed.