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

This matter concerned an appeal by the Applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the Applicant was not eligible for a disability support pension. The Applicant sought to establish eligibility based on psychiatric, back, and wrist conditions. The review was conducted by P E Nolan SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the Applicant's conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether these conditions warranted an impairment rating of 20 points or more under the Impairment Tables. The Tribunal was also required to consider, if the threshold was met, whether the Applicant had a severe impairment or had completed a Program of Support, and whether there was a continuing inability to work.

The Tribunal found that the Applicant's wrist and back conditions could not attract impairment points as they were not considered permanent, nor were they sufficiently diagnosed, treated, or stabilised within the relevant period. While the Applicant suffered from depression and bipolar disorder, the evidence did not establish that these psychiatric conditions were fully diagnosed, treated, and stabilised during the qualification period. Although the Applicant had sought treatment for her mental health conditions, she had not met the required 20-point threshold under the Impairment Tables.

Consequently, as the Applicant's conditions did not attract the necessary rating under the Impairment Tables, her application for a disability support pension failed. The Tribunal affirmed the decision under review, noting that the Applicant's conditions might have become fully diagnosed, treated, and stabilised since the relevant period and suggesting she might benefit from lodging a fresh application with more recent evidence.