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

This matter concerned an appeal by ZGQY against a decision of the Secretary, Department of Social Services, regarding ZGQY's eligibility for a disability support pension. The core dispute revolved around whether ZGQY's mental health condition met the criteria for the pension under the relevant Impairment Tables. The decision was made by Dr L Bygrave, Member, of the Social Security Appeals Tribunal.

The legal issues before the Tribunal were whether ZGQY suffered from an impairment and, if so, whether that impairment rated at least 20 points under the Impairment Tables for Mental Health Function. The Tribunal was required to consider the diagnosis of ZGQY's condition and the evidence supporting the severity of his functional impairment.

The Tribunal found that ZGQY suffered from post-traumatic stress disorder (PTSD), satisfying the first criterion. While initial claims were rejected due to a lack of supporting evidence, particularly from a clinical psychologist or psychiatrist as required by the Impairment Tables Determination, the Tribunal considered a range of medical reports filed prior to the hearing. These reports, dating from 2002 to 2006 and including assessments by psychologists and psychiatrists, detailed ZGQY's history of sexual abuse and his diagnosis of PTSD, along with symptoms such as intrusive recollections, hyperarousal, sleep disturbances, anger, impaired concentration, and suicidal ideation. The Tribunal was satisfied that ZGQY qualified for the disability support pension during the relevant period. The decision under review was set aside, and the Tribunal substituted a finding that ZGQY satisfied subsection 94(1) of the Social Security Act 1991 (Cth) from 5 May 2017.