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

This matter concerned an appeal by the applicant, Ms. Thompson, against a decision of the Secretary of the Department of Social Services to affirm a decision that she did not qualify for a disability support pension. The appeal was heard by Cox M in the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether Ms. Thompson's medical condition, specifically irritable bowel syndrome, resulted in a level of impairment that attracted at least 20 points under the relevant impairment tables for the purposes of qualifying for a disability support pension. A key aspect of this issue was whether a diagnosis of irritable bowel syndrome was present during the relevant qualification period.

Cox M considered the evidence presented, including medical reports and Ms. Thompson's own testimony. The Tribunal noted that while Ms. Thompson suffered from symptoms consistent with irritable bowel syndrome, there was no formal diagnosis of this condition established during the period she was required to meet the eligibility criteria for the pension. Without this established diagnosis during the qualification period, the Tribunal found that the impairment tables could not be applied to her condition to award the necessary points for a disability support pension.

Consequently, the Tribunal affirmed the decision of the Secretary, finding that Ms. Thompson did not meet the criteria for a disability support pension.