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

The Administrative Appeals Tribunal considered the case of Mr Stegemann and the Secretary, Department of Social Services, concerning Mr Stegemann's eligibility for a Disability Support Pension (DSP). Mr Stegemann, a 58-year-old man with a history of varied employment and significant health issues including upper limb, spinal, and mental health conditions, sought to establish that his impairments met the criteria for DSP.

The primary legal issues before the Tribunal were whether Mr Stegemann's impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments, when assessed against the Impairment Tables, would result in a rating of at least 20 points. The Tribunal was required to determine if Mr Stegemann's conditions were permanent and if the resulting functional impairment was severe, leading to a continuing inability to work. The qualification period for assessment was from 5 December 2018 to 6 March 2019, and the Tribunal could not consider developments arising after this date.

The Tribunal applied the definition of "reasonable medical treatment" as outlined in subsection 6(6) of the relevant determination, which includes factors such as availability, cost, likelihood of substantial improvement, regularity of undertaking, success rate, and risk. While acknowledging Mr Stegemann had impairments, the Tribunal found insufficient evidence to establish a moderate functional impact regarding his ability to concentrate for more than 10 minutes. However, based on extensive medical evidence, including assessments of his depression, hopelessness, and suicidal ideation, the Tribunal was satisfied that Mr Stegemann's behaviour, thoughts, and conversation were significantly and frequently disturbed, meeting the severe functional impact descriptor for behaviour, planning, and decision-making. Despite medical certificates indicating unfitness for work, the Tribunal noted an ambiguity as to whether this was due to mental illness, physical conditions, or a combination thereof.