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

This matter concerned an appeal by Ms Turnbull against a decision by the Secretary of the Department of Social Services affirming a determination that she did not qualify for a disability support pension. The core of the dispute revolved around whether Ms Turnbull's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was tasked with determining this question.

The legal issues before the Tribunal were twofold: firstly, whether Ms Turnbull's diagnosed conditions, specifically chronic fatigue syndrome with secondary fibromyalgia, anxiety, and poor cognition, were permanent and had a functional impact that would attract an impairment rating. Secondly, the Tribunal had to determine which of the Impairment Tables was relevant to Ms Turnbull's circumstances and, if applicable, what impairment rating should be assigned based on the evidence.

The Tribunal reasoned that the Impairment Tables are function-based and assess the level of functional impact of an impairment, rather than the condition itself. For an impairment rating to be assigned, the condition causing the impairment must be permanent, meaning it has been fully diagnosed, treated, and stabilised, and is likely to persist for more than two years. The Tribunal considered Table 1, which deals with functions requiring physical exertion and stamina, to be the relevant table. Applying the evidence, including Job Capacity Assessments and Ms Turnbull's own testimony regarding her daily functioning, the Tribunal found that while Ms Turnbull suffered from chronic fatigue syndrome and fibromyalgia, the evidence did not establish that these conditions, or her anxiety and cognitive issues, met the criteria for a permanent impairment attracting a rating of 20 or more points under the relevant table.

Consequently, the Tribunal affirmed the decision under review, finding that Ms Turnbull did not satisfy the requirements for a disability support pension based on the assessed impairment rating.