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

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed Services Australia's rejection of the Applicant's claim for a Disability Support Pension (DSP). The Applicant had lodged her claim on 11 September 2019, following a serious incident in June 2017 where she lost consciousness and stopped breathing, resulting in brain damage. This damage, she stated, affected her mental health, eyesight, and balance, rendering her unable to drive or work.

The central legal issues before the Tribunal were whether the Applicant possessed a physical, intellectual, or psychiatric impairment(s) as defined by section 94(1)(a) of the *Social Security Act 1991* (Cth) at the date of her claim or within the subsequent 13 weeks. If such impairments existed, the Tribunal was required to determine if these conditions were fully diagnosed, fully treated, and fully stabilised (FDTS), and if they resulted in an impairment rating of at least 20 points under the *Social Security (Tables for the Assessment of Work-Related Impairment for Disability Support Pension) Determination 2011*, as required by section 94(1)(b). Finally, the Tribunal needed to consider if the Applicant had a continuing inability to work, as defined by section 94(2) of the Act, for the purposes of section 94(1)(c).

The Tribunal's reasoning focused on the Applicant's assertion that her conditions were not expected to improve, as advised by her doctors. This statement was crucial in addressing the FDTS requirement. The legal principles applied involved the assessment of the Applicant's impairments against the criteria set out in the *Social Security Act 1991* and the associated Determination, specifically concerning the severity and stability of her diagnosed conditions and their impact on her capacity to work.