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

This matter concerned an appeal by the applicant against a decision of the Secretary of the Department of Social Services affirming a decision that the applicant was not qualified for a disability support pension. The appeal was heard by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's medical conditions were fully diagnosed, treated, and stabilised, and whether her impairments rated 20 points or more under the Impairment Tables. The applicant claimed to suffer from depression and post-traumatic stress disorder.

The Tribunal considered a report from a clinical psychologist dated 9 March 2017, which diagnosed Major Depressive Disorder and an Agoraphobia-like Anxiety response. However, the Tribunal found this report to be irrelevant to the proceedings as the diagnosis fell outside the relevant period for the claim. As the applicant's conditions did not rate 20 or more points under the Impairment Tables, the Tribunal concluded it was unnecessary to consider whether she had a continuing inability to work during the relevant period.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant's claim for a disability support pension could not succeed. The applicant was advised that she remained at liberty to apply for a disability support pension again at any time.