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

This matter concerned an appeal by Mr Westell against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The primary legal issues before the Tribunal were whether Mr Westell's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant assessment period, and whether he suffered from a severe impairment as defined by the relevant legislation.

The Tribunal found that while Mr Westell's evidence was honest and reliable, and his medical conditions were impactful, the criteria for qualification for the disability support pension were not met during the assessment period applicable to his claim. Consequently, the Tribunal affirmed the decision under review.