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

This matter concerned an application for a disability support pension by Mr Thompson against the Secretary of the Department of Social Services. The Administrative Appeals Tribunal was required to determine whether Mr Thompson's mental health conditions were fully diagnosed, treated, and stabilised, and whether his impairments rated 20 points or more under the Impairment Tables.

The primary legal issue before the Tribunal was whether Mr Thompson's depression and Post-Traumatic Stress Disorder (PTSD) met the criteria for a disability support pension, specifically concerning the "fully diagnosed, fully treated and fully stabilised" requirement under the Impairment Tables. The Tribunal had to assess if the evidence established that Mr Thompson's conditions had received adequate treatment and had reached a stable point, thereby allowing for an impairment rating.

The Tribunal accepted that Mr Thompson's mental health condition was fully diagnosed, supported by reports from a forensic psychologist and another psychologist. However, the Tribunal found that the condition was not fully treated or stabilised during the relevant period. While Mr Thompson reported receiving some treatment in prison, expert reports indicated a lack of intensive therapy and a strong need for ongoing treatment, such as Cognitive Behavioural Therapy and psychotherapy, to address his symptoms and improve his daily functioning. As the conditions were not fully treated or stabilised, no impairment rating could be assigned under the Impairment Tables, and consequently, the claim for a disability support pension could not succeed. The Tribunal affirmed the decision under review, noting that Mr Thompson could reapply if he undertook the required treatment or obtained further medical evidence indicating his condition was unlikely to improve or was fully treated and stabilised.