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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Steffensen against a decision by the Secretary, Department of Social Services. Ms Steffensen, who had previously worked as a truck driver for over 15 years, applied for the DSP citing fibromyalgia as the condition affecting her ability to work. The core of the dispute revolved around whether Ms Steffensen met the legislative requirements for the DSP, specifically concerning the severity of her impairment and her continuing inability to work. The Administrative Appeals Tribunal (AAT) considered the evidence presented by both Ms Steffensen and the Department.

The legal issues before the Tribunal were whether Ms Steffensen suffered from a physical, intellectual, or psychiatric impairment, whether her condition was fully diagnosed, treated, and stabilised, resulting in impairments attracting a rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. A further issue was whether she had undertaken a program of support for the requisite period or satisfied an exemption to this requirement, which was linked to the severity of her impairment.

The Tribunal found that Ms Steffensen did suffer from impairments due to fibromyalgia, satisfying the first limb of the DSP qualification. However, it determined that her condition was not fully treated and stabilised, as she had not engaged in reasonable treatment options, such as a comprehensive pain management program recommended by medical professionals. Consequently, her impairments did not attract the required 20 points under the Impairment Tables. Furthermore, the Tribunal concluded that Ms Steffensen had not demonstrated a continuing inability to work, particularly given her past capacity to work full-time as a truck driver and the potential for sedentary duties with appropriate treatment.

As Ms Steffensen failed to meet the criteria of having impairments rated at 20 points or more and a continuing inability to work, she did not satisfy the requirements for the DSP. Accordingly, the Tribunal affirmed the decision under review, meaning her application for the Disability Support Pension was unsuccessful.