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

This matter concerned an appeal by Ms Twining against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The core of the dispute revolved around whether Ms Twining's diagnosed mental health conditions, specifically depression and anxiety, along with her migraines, met the criteria for a disability support pension under the relevant legislation. The case was heard by Senior Member Damien Cremean.

The legal issues before the Tribunal were whether Ms Twining's conditions were fully diagnosed, treated, and stabilised, and whether these impairments attracted a rating of 20 points or more under the Impairment Tables. Crucially, the Tribunal also had to determine if Ms Twining had a continuing inability to work, as required by section 94(1)(c) of the Social Security Act 1991 (Cth).

The Senior Member considered evidence from Ms Twining, her treating general practitioner, and various medical experts, including a neurologist, a psychiatrist, and another medical practitioner. While acknowledging that Ms Twining suffered from depression, anxiety, and migraines, the Senior Member found that the expert opinions, including those called on behalf of Ms Twining, indicated that depression and anxiety were separate conditions. The Senior Member was satisfied that Ms Twining suffered from these conditions during the qualification period. However, the Senior Member concluded that it was unnecessary to consider section 94(1)(c) as Ms Twining did not satisfy the requirements of section 94(1)(b) of the Act, which necessitates that the condition causing the impairment be permanent and likely to persist for more than two years. The Senior Member also noted that Ms Twining herself indicated her migraines, rather than her depression and anxiety, affected her day-to-day living.

Ultimately, the Senior Member determined that the decision under review could not stand and was set aside. However, this did not result in Ms Twining qualifying for the disability support pension. Instead, the original decision that Ms Twining was not qualified for the pension was reinstated, as she did not satisfy the requirements of section 94(1)(b) of the Act.