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

This matter concerned an appeal by Ms Yonan against the Secretary of the Department of Social Services' decision to refuse her application for a Disability Support Pension (DSP). The core dispute revolved around whether Ms Yonan's medical conditions met the criteria for a DSP, specifically concerning the severity of her impairments and her continuing inability to work. The Administrative Appeals Tribunal (AAT) was tasked with determining these issues.

The legal issues before the Tribunal were whether Ms Yonan suffered from a physical, intellectual, or psychiatric impairment; whether her diagnosed conditions were fully diagnosed, treated, and stabilised, and likely to continue for at least two years; whether these conditions attracted a rating of 20 points or more under the relevant Impairment Tables; and whether she had a continuing inability to work.

The Tribunal found that Ms Yonan did suffer from impairments, accepting a range of conditions including spinal disorder, left knee meniscal tear, bilateral tennis elbow, and adjustment disorder. Crucially, the Tribunal determined that her spinal condition attracted 10 points under Table 4 of the Impairment Tables, and her left knee meniscal tear attracted 10 points under Table 3, thus meeting the threshold of 20 impairment points. Furthermore, the Tribunal was satisfied that Ms Yonan had a continuing inability to work.

Consequently, the Tribunal set aside the original decision and substituted a new determination that Ms Yonan satisfied all the requirements of section 94 of the Social Security Act 1991, and was therefore qualified for the Disability Support Pension as at the date of her claim.