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

This matter concerned an appeal by Ms Teymouri against the decision of the Secretary, Department of Social Services, to affirm the rejection of her claim for a Disability Support Pension (DSP). The dispute centred on whether Ms Teymouri's medical conditions met the eligibility criteria for a DSP, specifically the requirement that a condition must be fully diagnosed, fully treated, and fully stabilised.

The legal issues before the Tribunal were whether Ms Teymouri's spinal condition and her mental health condition were fully diagnosed, fully treated, and fully stabilised during the relevant qualification period for her DSP claim. The Tribunal was required to assess the evidence presented, including medical reports and Ms Teymouri's own testimony, against the Impairment Tables to determine her functional capacity and eligibility for the pension.

The Tribunal found that while Ms Teymouri's spinal condition was long-standing and had been diagnosed, it was not fully treated or stabilised during the qualification period. Medical reports indicated that further specialist assessments and treatment options, including referral to a neurosurgeon and consultations with an occupational physician, were still under consideration and ongoing after the qualification period had ended. Similarly, treatment for her mental health condition commenced after the qualification period. Consequently, the Tribunal affirmed the decision to reject the claim for DSP, as the conditions did not meet the criteria of being fully diagnosed, treated, and stabilised at the relevant time.