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

This matter concerned an application for a disability support pension, which had been refused by the Secretary of the Department of Social Services. The applicant sought review of this decision before the Social Security Appeals Tribunal.

The Tribunal was required to determine whether the applicant's medical conditions were fully diagnosed, treated, and stabilised within the relevant qualification period. Further, the Tribunal had to assess whether these conditions attracted an impairment rating of at least 20 points and whether the applicant had a continuing inability to work.

The Tribunal affirmed the decision under review, finding that there was insufficient material to establish that the applicant's impairment, within the qualification period, was of itself sufficient to prevent her from working at least 15 hours per week in the two years following that period. To the contrary, a job capacity assessment conducted in April 2019 suggested the applicant had the capacity to work between 15 and 22 hours per week with intervention.