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

The Administrative Appeals Tribunal considered an appeal by an applicant against a decision to affirm a decision that she did not qualify for a Disability Support Pension (DSP). The applicant contended that her primary medical condition, relating to her cervical spine, was fully diagnosed, fully treated, and fully stabilised, and that this condition alone should entitle her to the DSP. She stated that other conditions she had, such as ADHD, hypertension, and anxiety, were secondary and related to her primary spinal issue.

The legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period, and whether these conditions attracted 20 or more impairment points under the relevant Impairment Tables. The Tribunal was required to assess the evidence specifically in relation to the period between 1 June 2021 and 31 August 2021.

The Tribunal reasoned that while it could consider all evidence provided, its weight would depend on its relevance to the specified period. The applicant's evidence indicated that her primary spinal condition was self-managed following treatment from a public hospital, and that she experienced persistent pain. However, the Tribunal found that her spinal condition, lower limb condition, and chronic pain condition were fully diagnosed, fully treated, and fully stabilised during the relevant period, assigning them 10 points, zero points, and zero points respectively. Crucially, the Tribunal found that her mental health condition, while fully diagnosed, was not fully treated and stabilised, and therefore could not be considered permanent for the purposes of the Impairment Tables. Consequently, the Tribunal concluded that the applicant's impairments did not attract a total of 20 or more points under the Impairment Tables during the relevant period.

Accordingly, the Tribunal affirmed the decision under review. The Tribunal noted that the applicant was open to testing her eligibility for DSP at any future time.