Scott; Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mrs Scott against a decision regarding her eligibility for a disability support pension. The core dispute revolved around whether Mrs Scott's mental health condition, specifically depression and post-traumatic stress disorder, was fully diagnosed, treated, and stabilised as required by the Social Security Act 1991. The case was heard by Mrs J C Kelly, Senior Member.

The legal issues before the Tribunal were twofold: firstly, whether Mrs Scott's mental health condition had been fully treated and stabilised, and secondly, if so, what impairment rating should be assigned under Table 5 of the Impairment Tables. For Mrs Scott to succeed in her claim for a disability support pension, her impairment rating needed to be 20 points or more.

The Tribunal considered evidence from Dr Pahuja, a psychiatrist, and Mrs Scott's general practitioner, Dr Miller. Dr Pahuja opined that Mrs Scott would have benefited from trauma-focused cognitive behavioural therapy and ongoing psychiatric and psychological treatment, but noted that her itinerant lifestyle and lack of stable accommodation presented significant barriers to accessing such care. Despite these barriers, Dr Pahuja concluded that Mrs Scott's condition was fully stabilised, citing her poor response to previous treatment and the guarded prognosis for future medication efficacy. The Tribunal found that Dr Pahuja did not fully appreciate that Mrs Scott's itinerant lifestyle was partly motivated by a desire to avoid people who knew about her father's suicide. Ultimately, the Tribunal affirmed a previous decision that Mrs Scott satisfied the relevant criteria under section 94(1)(a), (b), and (c) of the Social Security Act 1991.