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

This matter concerned an appeal by the applicant, Spahich, against a decision of the Secretary, Department of Social Services, affirming a rejection of her claim for a disability support pension. The dispute centred on whether the applicant's various physical and psychiatric impairments were "fully treated and stabilised" for the purposes of assessing her eligibility for the pension. The case was heard by Senior Member M J McGrowdie.

The primary legal issue before the Tribunal was to determine whether the applicant's spinal condition, upper limb condition, lower limb condition, pain condition, and mental health function could be considered fully treated and stabilised during the relevant claim period. This determination was crucial because, under the relevant legislation, impairments that are not fully treated and stabilised cannot be assigned a rating under the Impairment Tables, which is a necessary step in assessing eligibility for a disability support pension.

The Tribunal reasoned that the applicant's spinal, upper limb, lower limb, and pain conditions were not fully treated and stabilised because an orthopaedic surgeon had strongly recommended referral to a multidisciplinary pain clinic, a recommendation reiterated in a report dated after the claim period. While the applicant believed this recommendation was withdrawn, the documentary evidence indicated the surgeon considered pain management beneficial during the claim period. Furthermore, the applicant's depression was not considered fully treated and stabilised as she had not undertaken reasonable treatment for it during the claim period, commencing counselling only after the claim period had ended. Consequently, the Tribunal concluded that the applicant's conditions could not be rated under the Impairment Tables for the purposes of this application.

The Tribunal affirmed the decision of the Social Services and Child Support Division of the Tribunal, which had rejected the applicant's claim for a disability support pension. The Tribunal noted that the applicant might have the necessary materials for a successful assessment upon lodging a fresh application, but this was not the case for the current application.