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

This matter concerned an application for a Disability Support Pension (DSP) by Mrs Thomas, who claimed to have various medical conditions including hypertension, depression, anxiety, COPD, PAD, heart issues, and mobility issues. The dispute before the Administrative Appeals Tribunal (AAT) was whether Mrs Thomas qualified for the DSP during the relevant qualification period, which extended from 28 December 2017 to 31 March 2018.

The AAT was required to determine whether Mrs Thomas had a physical, intellectual, or psychiatric impairment that was fully diagnosed, treated, and stabilised, and whether this impairment attracted a rating of at least 20 points under the Impairment Tables, as well as demonstrating a continuing inability to work. The Impairment Tables are designed to assess the functional impact of impairments rather than the conditions themselves.

The Tribunal found that while Mrs Thomas had diagnosed physical and psychological impairments during the qualification period, her conditions, specifically anxiety and depression, were not fully treated or stabilised. Evidence indicated a lack of implementation or review of treatment plans, and Mrs Thomas herself testified to avoiding medication due to adverse reactions, only occasionally using Valium and presenting to emergency when symptoms worsened. Treatment for anxiety occurring after the qualification period was also noted. Consequently, her anxiety and depression did not qualify for an impairment rating under the Impairment Tables.

Given these findings regarding the lack of full treatment and stabilisation of her conditions, the Tribunal concluded that Mrs Thomas's DSP claim could not succeed. It was therefore unnecessary to consider whether she had a continuing inability to work. The AAT affirmed the decision under review.