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

This matter concerned an application for a Disability Support Pension by the Applicant, who was seeking to overturn a decision by the Secretary of the Department of Social Services. The core dispute revolved around whether the Applicant's diagnosed, treated, and stabilised conditions met the threshold for a severe impairment under the relevant Impairment Tables, thereby entitling them to the pension. The case was heard by P J Clauson Am SM.

The Tribunal was required to determine several key issues. Firstly, it needed to ascertain whether, during the relevant period, the Applicant suffered from physical, intellectual, or psychiatric conditions that were fully diagnosed, treated, and stabilised. Secondly, the Tribunal had to assess whether these conditions warranted an Impairment Rating of 20 points or more under the Impairment Tables. If this threshold was met, the Tribunal would then consider whether the Applicant had a severe impairment of 20 points or more under a single Impairment Table, or if not, whether they had completed a program of support. Finally, the Tribunal had to determine if the Applicant had a continuing inability to work.

The Tribunal accepted that the Applicant had impairments for the purposes of the Act, but the Respondent contended that these impairments did not attract a rating of 20 points or more. In considering the Applicant's psychological condition, the Tribunal noted reports of anxiety and depression, with symptoms present for a significant period and exacerbated by recent life events. However, the Tribunal found a lack of corroborating medical evidence to support a formal diagnosis of anxiety or depression by an appropriately qualified medical practitioner, as required by the introduction to Table 5. Consequently, the Applicant failed to reach the required 20 points or more for their conditions during the relevant period. The Tribunal affirmed the decision under review, suggesting the Applicant might benefit from lodging a fresh application with more comprehensive and recent medical evidence.