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

This matter concerned an application for a disability support pension (DSP) by Ms Lynda Tralonga against the Secretary, Department of Social Services. The Administrative Appeals Tribunal (AAT) was required to review a decision affirming the rejection of Ms Tralonga's claim for DSP. The Applicant appeared via telephone, and the Respondent was represented in person.

The primary legal issues before the Tribunal were whether Ms Tralonga qualified for a DSP during the relevant qualification period. This involved determining if her medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, as required by section 94(1) of the Social Security Act 1991 (Cth). The Tribunal also considered the relevance of medical evidence provided outside the qualification period.

The Tribunal found that Ms Tralonga suffered impairments during the qualification period, specifically lipoedema, chronic pain, and a mental health condition, which the Respondent accepted. However, other conditions identified in evidence post-dated the qualification period and could not be considered for an impairment rating as they were not demonstrated to be fully diagnosed, treated, or stabilised within that period. The Tribunal noted that while further evidence outside the qualification period could be considered, it must be referable to the applicant's condition during that period. The Tribunal concluded that it was not necessary to consider section 94(1)(c) of the Act.

The decision under review was affirmed.