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

This matter concerned an application for a Disability Support Pension by the applicant, Mr Sziva, against the Secretary of the Department of Social Services. The core dispute revolved around whether the applicant's mental health condition met the criteria for the pension, specifically whether it attracted 20 points or more under the relevant Impairment Tables during the period in question. The decision was made by Senior Member Bill Stefaniak AM RFD of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were to determine if the applicant's diagnosed, treated, and stabilised mental health condition qualified him for a Disability Support Pension. This required an assessment of whether his condition attracted a minimum of 20 points under the Impairment Tables, as stipulated by the relevant social security legislation, during the period for which the pension was claimed.

The Tribunal considered evidence from the applicant and his treating doctor, Dr Williams, who had been the family doctor since 2010. Dr Williams testified to the applicant suffering a severe grief reaction following his mother's death, exhibiting symptoms of severe persistent depression, and being unable to function or work during the claim period. She noted the applicant had been advised by Centrelink to see a psychiatrist or clinical psychologist, which he subsequently did. While a clinical psychologist, Dr Leahy, provided written reports, she declined to appear in person or by phone, though neither party ultimately sought to subpoena her. The Tribunal found that Dr Williams' evidence, supported by reports from Dr Leahy, indicated the applicant's condition was sufficiently severe.

The Tribunal set aside the previous decision under review and substituted it with a decision that the applicant be granted a Disability Support Pension with effect from 28 October 2015.