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

This matter concerned an appeal by Ms Wright against the Secretary of the Department of Social Services' decision to reject her claim for a disability support pension. The appeal was heard by Mark Hyman, Member.

The primary legal issue before the Tribunal was whether Ms Wright's various medical conditions, including inflammatory arthritis with osteoarthritis, chondromalacia patellae, Hashimoto’s thyroiditis, and depression and anxiety, met the legislative requirements for a disability support pension. Specifically, the Tribunal was required to determine if these conditions were fully diagnosed, fully treated, and fully stabilised, and expected to persist for at least two years, as stipulated by the relevant legislation.

The Tribunal reasoned that for a condition to be rated for severity, it must first be established as permanent, meaning it has been fully diagnosed, treated, and stabilised. While acknowledging the undeniable severity of Ms Wright's conditions and their worsening impact, the Tribunal found that most of her conditions were not fully treated and stabilised by the end of the qualification period. This was due to the existence of unexplored or incompletely explored treatment options at that time. Consequently, Ms Wright did not meet the requirements of paragraph 94(1)(b) of the Act. The Tribunal noted that while it was generally accepted Ms Wright could not work due to her disabilities, the legislative hurdles must be met at the time of lodging the claim.

The Tribunal affirmed the decision under review, finding that Ms Wright did not meet the necessary criteria for a disability support pension at the time of her claim. The Tribunal noted that Ms Wright was open to lodging a new claim at any time.