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

This matter concerned an application by Ms Walker for a Disability Support Pension, heard by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal. Ms Walker, who was self-represented, sought review of a decision to reject her application. The Secretary of the Department of Social Services was represented by legal counsel. Ms Walker gave evidence by telephone, reporting a history of chronic fatigue, faintness, and near collapse since approximately 2013, which she believed was due to POTS (Postural Orthostatic Tachycardia Syndrome).

The primary legal issues before the Tribunal were whether Ms Walker's medical conditions, specifically POTS and anxiety, had been fully diagnosed, treated, and stabilised within the relevant qualification period, and whether her level of impairment met the threshold for a Disability Support Pension under the Social Security Act 1991. The Tribunal was required to assess the evidence presented, including Ms Walker's own testimony and available medical documentation, against the criteria set out in the Social Security (Tables for the Assessment of Work-Related Impairment for Disability Support Pension) Determination 2011.

The Tribunal found that while Ms Walker presented with symptoms consistent with probable POTS and had a more recent diagnosis of a pituitary adenoma, her conditions were not fully diagnosed, treated, and stabilised. This was largely due to a lack of corroborating medical reports from treating or investigating doctors, despite Ms Walker's efforts to obtain them. The Tribunal noted that self-reported symptoms alone were insufficient to attract impairment ratings under the Impairment Tables, and corroborating evidence from health professionals was required. Ms Walker's anxiety had also not been assessed in accordance with the guidelines. Consequently, the Tribunal determined that Ms Walker did not satisfy the requirements of section 94(1)(b) of the Act.

The Tribunal ultimately ordered that Ms Walker did not qualify for the Disability Support Pension, either at the time of her application or within the specified qualification period. While the Tribunal assigned some impairment points based on Ms Walker's history, it concluded that the lack of sufficient medical evidence meant the threshold for the pension was not met.