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

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to cancel TVWB's Disability Support Pension (DSP). The Secretary, Department of Social Services, sought review of an earlier AAT decision that had set aside the cancellation. TVWB was represented by his mother, ZLTD, and did not attend the hearing. The Secretary provided extensive documentation, including clinical records from TVWB's general practitioner, Dr. Wong. ZLTD also submitted a report from psychiatrist Dr. Dianne Grocott.

The central legal issues before the Tribunal were whether TVWB's mental health condition met the criteria for receiving a DSP at the time of qualification, and whether his condition had been fully diagnosed, treated, and stabilised. The Tribunal was required to assess the weight to be given to the various medical reports and evidence presented, particularly in light of TVWB's limited engagement with some of the medical professionals.

The Tribunal found that TVWB was correctly diagnosed with schizophrenia in September/October 2011 and met the DSP criteria at that time, with appropriate treatment commencing. However, the Tribunal noted that since approximately April 2013, TVWB had ceased all treatment and remained functionally incapacitated. While Dr. Wong believed the current diagnosis was an anxiety state, the Tribunal gave little weight to his assessment due to infrequent consultations and the nature of the treatment provided. The Tribunal also found that Dr. Grocott's report, while confirming a severe mental disorder, was based on limited contact and a referral made only two weeks prior to the hearing. Dr. Valentine diagnosed a complex psychological condition, including obsessive compulsive disorder and social phobia, but the Tribunal noted that symptoms of OCD were not reported in earlier medical records or by ZLTD.

The Tribunal concluded that, based on the evidence, TVWB met the criteria for the DSP on 25 October 2011. The Tribunal set aside the decision to cancel TVWB's DSP.