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

This matter concerned an appeal by TMFD (the applicant) against a decision by the Secretary, Department of Social Services (the respondent) regarding the applicant's claim for a disability support pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether the applicant had sustained a level of impairment of 20 points or more under the relevant impairment tables during the period in question, indicating a continuing inability to work.

The Tribunal considered the evidence before it, including reports from medical professionals. It noted that the applicant's treating doctors had indicated a willingness to provide further information. The Tribunal highlighted its own limitations in directly contacting treatment professionals or witnesses outside of a hearing. In light of the applicant's vulnerability and the Tribunal's experience with the Health Professional Advisory Unit (HPAU), the Tribunal determined that it would be preferable and reasonable for the respondent to obtain a further assessment from the HPAU.

Consequently, pursuant to section 42D of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal remitted the application to the respondent for reconsideration. The Tribunal recommended that the respondent seek an opinion from the HPAU and directed that the respondent reconsider the decision to refuse the applicant's claim for DSP made on 12 April 2021 within 45 days of the date of the decision.