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

This matter concerned an appeal by Mr Rodney Wheatley against a decision by the Secretary of the Department of Social Services concerning his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Wheatley met the legislative requirements for a DSP, specifically whether his impairments were fully diagnosed, fully treated, and fully stabilised, and whether he achieved a score of 20 points or more under the Impairment Tables during the relevant qualification period.

The Tribunal considered two impairments: a lower limb condition and a mental health condition. For the mental health condition, the Tribunal noted that while a diagnosis of Complex Post Traumatic Stress Disorder (PTSD) was made by a clinical psychologist prior to the qualification period, there was insufficient corroborating evidence to demonstrate that Mr Wheatley had followed the prescribed treatment, such as pharmacotherapy and psychological therapy. Regarding the lower limb condition, arising from a motor bike accident in 1980, medical evidence indicated ongoing pain and reduced mobility. However, the treating orthopaedic specialist advised that the condition was reasonably treated, no further surgery was contemplated, and Mr Wheatley was independent in his daily activities and did not require assistance to function or access public facilities.

The Tribunal applied the principles that eligibility for DSP is assessed based on the applicant's condition during the qualification period, and that subsequent changes are not relevant to that claim. It found that while Mr Wheatley suffered impairments, the evidence did not establish that his mental health condition had been fully treated. Furthermore, concerning his lower limb condition, the medical opinion indicated that it did not meet the threshold for a DSP, as it was reasonably treated and did not prevent independent functioning or work. Consequently, the Tribunal concluded that Mr Wheatley did not meet the criteria for a DSP.

The decision under review was affirmed.