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

The Administrative Appeals Tribunal considered the case of Spall and the Secretary, Department of Social Services concerning an application for a Disability Support Pension. The applicant sought to establish that she suffered from physical, intellectual, or psychiatric impairments that qualified her for the pension.

The Tribunal was required to determine whether the applicant's conditions were fully diagnosed, fully treated, and fully stabilised within the qualification period, and whether these conditions resulted in an impairment attracting 20 points or more under the Impairment Tables, as defined by the Social Security (Impairment Assessment) Determination 2017. The Tribunal also considered whether the applicant had a continuing inability to work and had participated in a Program of Support.

The Tribunal found that while some of the applicant's conditions, including spinal and upper and lower limb function issues, were fully diagnosed during the qualification period, the evidence did not demonstrate that these conditions were fully treated and stabilised within that same period. Medical advice regarding treatment options, such as physiotherapy, weight loss, and medication, and diagnoses of conditions like fibromyalgia and severe lumbar spinal stenosis, were predominantly made or confirmed after the qualification period had ended. Consequently, the Tribunal concluded that the overall impairment arising from fully diagnosed, fully treated, and fully stabilised conditions was nil points.