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

This matter concerned an appeal by Ms Yousif against a decision by the Secretary of the Department of Social Services to reject her application for a disability support pension. The primary dispute revolved around whether Ms Yousif's various impairments, including hearing loss, a mental health condition, and fibromyalgia, met the criteria for the pension, specifically whether they were fully diagnosed, treated, and stabilised, and whether they resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. The Administrative Appeals Tribunal was tasked with determining these issues.

The Tribunal was required to assess the evidence concerning Ms Yousif's hearing loss, including the findings of audiometry tests and the opinions of medical practitioners. It also needed to consider the evidence relating to her mental health condition and fibromyalgia, and determine if these conditions were sufficiently diagnosed and treated to warrant an impairment rating. A key legal issue was whether the cumulative effect of these impairments reached the threshold of 20 points under the Impairment Tables, a prerequisite for qualifying for a disability support pension under section 94(1)(b) of the Social Security Act 1991 (Cth).

In its reasoning, the Tribunal found the evidence regarding Ms Yousif's ear condition to be problematic, noting inconsistencies in diagnostic descriptions and an incomplete account of the functional impact. While acknowledging structural abnormalities and bilateral conductive hearing loss, the Tribunal placed limited weight on certain medical opinions due to a lack of supporting detail and inconsistencies with other evidence. Ultimately, the Tribunal concluded that Ms Yousif suffered a mild functional impact from her hearing condition, warranting a rating of 5 points under Impairment Table 11. Regarding her mental health condition, the Tribunal found insufficient evidence to make a meaningful conclusion or apply an impairment rating. Consequently, the Tribunal was satisfied that Ms Yousif did not have an impairment of 20 points or more.

The Tribunal affirmed the decision under review, finding that Ms Yousif did not satisfy the criteria for a disability support pension. As the impairment threshold was not met, it was unnecessary to consider whether she had a continuing inability to work.