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

This matter concerned an application for a second review of a decision by the Administrative Appeals Tribunal (AAT) concerning Mr Vermeulen's claim for a Disability Support Pension (DSP). The Secretary of the Department of Social Services was the respondent. The core of the dispute revolved around whether Mr Vermeulen's various medical conditions met the criteria for a DSP, specifically regarding the level of impairment and his continuing inability to work.

The Tribunal was required to determine whether Mr Vermeulen's conditions were fully diagnosed, fully treated, and fully stabilised, and to apply the relevant Impairment Tables to assess his functional capacity. A key issue was the interpretation of the "fully stabilised" requirement in the context of Mr Vermeulen's bipolar disorder, and whether the assessment of his conditions accurately reflected his functional limitations and continuing inability to work.

The Tribunal considered the statutory principles governing DSP claims, including the Social Security Act 1991 (Cth) and associated determinations and guidelines. It noted that impairment ratings are based on functional capacity, not diagnosis, and that an impairment must be permanent and likely to persist for more than two years to attract a rating. The Tribunal found that the previous assessments had not holistically considered the evidence regarding Mr Vermeulen's bipolar disorder, particularly in light of its episodic nature and the impact of external stressors. It also considered that the assessment of his conditions should have been based on what he could do, rather than what he chose to do.

The Tribunal concluded that, as at the date of his application, Mr Vermeulen's impairments attracted at least 20 impairment points under the Impairment Tables and that he had a continuing inability to work. Consequently, the previous AAT decision was set aside and substituted with a decision that Mr Vermeulen satisfied the relevant criteria for a DSP.