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

This matter concerned an appeal by Mr Tisdell against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Tisdell's diagnosed mental health conditions, specifically Post Traumatic Stress Disorder (PTSD) and depression, were considered "fully treated and stabilised" as required by the relevant social security legislation. The case was heard by A Poljak SM.

The legal issues before the court were whether Mr Tisdell's conditions of PTSD and depression had been fully treated and stabilised during the relevant period, and whether he had undertaken reasonable treatment for these conditions. The court was required to interpret the meaning of "reasonable treatment" within the context of the Impairment Tables, which are used to assess functional impairment rather than the severity of symptoms.

The Senior Member found that while Mr Tisdell's conditions were fully diagnosed, they were not considered fully treated and stabilised. This conclusion was based on Mr Tisdell's cessation of prescribed medication, Sertraline, after only four to five months, despite his doctor's advice that it could take three to six months to show effects and that the dosage should be increased. Furthermore, Mr Tisdell could not recall being offered or undertaking suggested treatments such as anger management and Cognitive Behavioural Therapy (CBT). The court noted that the Impairment Tables are designed to assess functional impact, and for a disability support pension to be granted, conditions must be permanent.

As Mr Tisdell's conditions were not deemed permanent, the Senior Member concluded that it was unnecessary to assess his functional impairment or his continuing inability to work. Consequently, his claim for a disability support pension could not succeed, and the decision under review was affirmed. Mr Tisdell was advised that he could reapply for the pension at any time.