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

The Administrative Appeals Tribunal considered the eligibility of an applicant for a Disability Support Pension (DSP). The applicant claimed to suffer from Dercum's Disease, multi-level disc protrusions, vertebral osteophytosis, and extreme pain, which she asserted caused significant functional limitations. The Secretary of the Department of Social Services opposed the claim, arguing the applicant did not meet the legislative requirements for the pension.

The Tribunal was required to determine whether the applicant had a physical, intellectual, or psychiatric condition that was fully diagnosed, treated, and stabilised, and which attracted an impairment rating of at least 20 points under the relevant Impairment Tables. Additionally, the Tribunal needed to assess whether the applicant had a continuing inability to work.

The Tribunal found that the applicant's conditions, including the suspected Dercum's Disease and spinal issues, were not fully diagnosed, treated, and stabilised. This conclusion was based on the evidence from the applicant's treating GP, who noted the diagnosis was not formal and the prognosis uncertain, and from a medical professional from the Health Professional Advisory Unit, who opined that the applicant's condition could not be considered fully diagnosed, treated, and stabilised as required by legislation. The Tribunal noted the applicant's refusal to trial certain treatments and her focus on caring for her late husband as factors contributing to the lack of stabilisation and diagnosis. Consequently, no impairment rating could be assigned.

As the applicant failed to meet the criteria for a 20-point impairment rating, the Tribunal concluded that she did not qualify for the DSP. The Tribunal found the applicant had a total impairment of 0 points, as none of her conditions met the necessary diagnostic and stabilisation requirements to attract an impairment rating.