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

The Administrative Appeals Tribunal (AAT) considered the appeal of Wharton against a decision by the Secretary, Department of Social Services, concerning the cancellation of a disability support pension. The central dispute revolved around whether the applicant's medical conditions met the criteria for a disability support pension at the time of the cancellation, specifically whether these conditions were fully diagnosed, treated, and stabilised.

The primary legal issue before the Tribunal was to determine if the applicant's various medical conditions, including but not limited to chronic pain, fibromyalgia, and psychological conditions, were fully diagnosed, treated, and stabilised as at the date of the cancellation of her disability support pension. This required an assessment of whether the applicant had reached maximum medical improvement and whether any further treatment was reasonably available or likely to improve her condition.

Deputy President Bernard McCabe P found that the applicant's conditions were not fully diagnosed, treated, and stabilised at the relevant time. The Tribunal noted that while some conditions were diagnosed, the available treatments were either not accessible within a reasonable timeframe or were unlikely to lead to stabilisation. Consequently, the Tribunal set aside the decision under review and remitted the matter to the delegate of the Secretary for reconsideration.