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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Senturk against the Secretary, Department of Social Services. Ms Senturk claimed eligibility based on impairments arising from fibromyalgia, Raynaud’s disease, and anxiety/depression. The Administrative Appeals Tribunal (AAT) was required to determine whether these conditions resulted in impairments that attracted a rating of 20 points or more under the relevant Impairment Tables, and whether Ms Senturk met the criteria for an exemption from undertaking a program of support, as well as demonstrating a continuing inability to work.

The Tribunal considered whether Ms Senturk suffered from a physical, intellectual, or psychiatric impairment, and if these conditions were fully diagnosed, treated, and stabilised, attracting 20 points or more under the Impairment Tables. A further issue was whether Ms Senturk had a continuing inability to work. The Tribunal noted that previous assessments had assigned a total impairment rating of 10 points, primarily for fibromyalgia and Raynaud’s disease, and had not fully assessed the psychological conditions as they were not considered fully treated and stabilised at the time.

The Tribunal found that Ms Senturk did have impairments during the relevant period, satisfying the first limb of the eligibility criteria. Crucially, the Tribunal was satisfied that Ms Senturk’s impairments attracted 20 impairment points under the Impairment Tables. Furthermore, the Tribunal determined that Ms Senturk was prevented solely because of her impairment from improving her capacity to prepare for, find, or maintain work through continued participation in a program of support, thus meeting the exemption criteria. The Tribunal also concluded that Ms Senturk satisfied the requirement of a continuing inability to work. Consequently, the Tribunal set aside the decision under review and remitted the matter for reconsideration, directing that Ms Senturk satisfied all relevant sections of the Act for the DSP.