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

This matter concerned an application for a Disability Support Pension by Ms Wu, with the Secretary of the Department of Social Services as the respondent. The dispute centred on whether Ms Wu qualified for the pension during the relevant claim period, specifically from 16 April 2015 to 14 July 2015. The decision was made by J F Toohey SM of the Social Security Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Wu’s various medical conditions were fully diagnosed, fully treated, and fully stabilised during the claim period, and whether these conditions resulted in an impairment rating of 20 points or more according to the relevant legislative framework. The Tribunal was required to determine if Ms Wu met the criteria for the Disability Support Pension based on the medical evidence available for that specific period, notwithstanding any subsequent deterioration or new information.

The Tribunal's reasoning focused on the definition of "fully stabilised," which means it is unlikely that there will be any significant functional improvement in a condition, with or without reasonable treatment, within the next two years. Considering the medical reports available, including those from her general practitioner and neurologist, the Tribunal found that Ms Wu's conditions were not yet fully diagnosed, treated, or stabilised during the claim period. While acknowledging Ms Wu's assertion of ongoing deterioration, the Tribunal emphasised that its assessment was confined to her eligibility during the specified claim period. Consequently, the Tribunal was not satisfied that Ms Wu qualified for the Disability Support Pension during that time.