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

This matter concerned an application for a second review of a decision regarding eligibility for a disability support pension (DSP). The applicant sought to challenge the decision that they did not meet the qualification criteria for a DSP. The Administrative Appeals Tribunal (AAT) had jurisdiction to hear the matter.

The primary legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric impairment during the qualification period, whether any such impairment was fully diagnosed, treated, and stabilised and attracted a rating of at least 20 points under the relevant Impairment Tables, and whether the applicant had a continuing inability to work. These criteria are conjunctive, meaning all must be satisfied for a DSP to be granted.

The Tribunal considered the evidence, including medical documents and reports. It was found that while the applicant's post-traumatic stress disorder (PTSD) was fully diagnosed, it was not considered fully treated and stabilised during the relevant qualification period. Consequently, no impairment points could be assigned under the Impairment Tables, and the applicant did not meet the eligibility requirements for a DSP.

The Tribunal affirmed the previous decision, finding that the applicant did not meet the qualification criteria for a disability support pension.