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, regarding the applicant's eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's mental health conditions attracted 20 points or more under the relevant Impairment Tables during the specified period, and if so, whether this resulted in a continuing inability to work.

The central legal issues before the Tribunal were twofold. Firstly, it needed to assess whether the applicant's mental health conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period, as required for the application of the Impairment Tables. Secondly, if these conditions met the diagnostic and treatment criteria, the Tribunal had to determine if they attracted a minimum of 20 points under the Impairment Tables, which is a threshold for DSP eligibility.

The Tribunal considered extensive medical evidence, including reports from the applicant's treating professionals and a Health Professional Advisory Unit (HPAU) report compiled by a clinical psychologist. The HPAU report, which incorporated discussions with the applicant's treating doctors and psychologists, concluded that while the applicant's adjustment disorder was fully diagnosed, it was not fully treated and stabilised. The Tribunal accepted this assessment, finding that the conditions could not be considered permanent for the purposes of assigning an impairment rating. Consequently, the Tribunal determined that the applicant's impairments did not attract 20 points under the Impairment Tables. As this threshold was not met, the Tribunal did not need to consider the further requirement of a continuing inability to work. The decision under review was affirmed.