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

The Administrative Appeals Tribunal (AAT) considered the case of Williams and the Secretary, Department of Social Services, concerning an application for a Disability Support Pension (DSP). The applicant claimed DSP based on a range of conditions including a right ankle crush injury, nerve damage, arthritis, depression, insomnia, hearing loss, and wrist injuries. The Department initially rejected the claim, finding the applicant did not have an impairment rating of 20 points or more under the Impairment Tables and did not have a continuing inability to work 15 hours or more per week. An Authorised Review Officer affirmed this decision, and subsequently, the AAT affirmed the Authorised Review Officer's decision, stating that the applicant's conditions were not fully treated and stabilised at the time of the claim.

The legal issues before the Tribunal were whether the applicant suffered from a physical, intellectual, or psychiatric impairment, and if so, whether these impairments attracted ratings of at least 20 points under the Impairment Tables. A further issue was whether the applicant had a continuing inability to work. The Tribunal was required to assess these issues based on the evidence available during the qualification period, which was from 15 August 2016 to 16 November 2016.

The Tribunal reasoned that while the applicant suffered significant pain from his injuries, leading to various medical conditions including depression, the key issue was whether these conditions were fully diagnosed, treated, and stabilised during the qualification period. Regarding the applicant's mental health condition, the Tribunal found that a substantive diagnosis by a psychiatrist or clinical psychologist was not provided during the qualification period. Although a psychiatrist had noted "symptoms of depression" in 2014, a later report from a psychiatrist in 2017 diagnosed an adjustment disorder and insomnia, ruling out major depressive disorder. Crucially, the Tribunal noted that the applicant had ceased psychiatric medication prescribed approximately 12 months before his claim, had not undertaken recommended psychological counselling, and had not followed up with a psychiatrist. The Tribunal also considered the applicant's physical conditions, particularly chronic regional pain syndrome, and found that this condition was not fully treated and stabilised as the applicant had not completed a recommended pain management program.

Ultimately, the Tribunal affirmed the previous decision, finding that for the relevant qualification period, the applicant did not qualify for the DSP. This was because the applicant's impairments, particularly his mental health condition and chronic regional pain syndrome, were not considered to be fully diagnosed, treated, and stabilised according to the requirements of the Impairment Tables. The Tribunal also noted that the applicant's participation in a program of support did not meet the required duration.