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

This matter concerned an appeal by Tamay against a decision of the Secretary, Department of Social Services, affirming a determination that Tamay was not qualified for a disability support pension. The Administrative Appeals Tribunal (AAT) was required to review the Secretary's decision.

The central legal issue before the AAT was whether Tamay's medical condition was "fully treated and stabilised" as required by the relevant social security legislation for the grant of a disability support pension. This involved assessing whether Tamay had followed the medical advice provided to her and whether her condition had reached a point where no further treatment could be expected to improve her functional capacity.

The AAT Member, Ms Amy Wood, considered the medical evidence presented, including reports from treating doctors. The Member noted that Tamay had not consistently followed the treatment recommendations, which had impacted the stabilisation of her condition. The legal principle applied was that a claimant must demonstrate that their condition is fully treated and stabilised, and that any failure to follow medical advice could be a relevant factor in determining whether this threshold had been met. As Tamay's condition was not considered fully treated and stabilised due to her non-adherence to medical advice, the AAT affirmed the Secretary's decision.