SOCIAL SECURITY LAW
The Current Australian Social Security law is very stringent with respect to the Disability Pension. The case law is very limited in terms of the current law. A claimant must achieve 20 points on a single table, or 20 points across several tables (plus a Work Capacity Assessment).
The Link to the Tables is here and the PDF Document is here.
Successful Case Law
1. Root and Secretary, Department of Social Services (Social services second review) [2016] AATA 364 (1 June 2016) or PDF Here.
Summary: Mr. Root had ME, with Sleep Disturbance, Myalgia and Cognitive Problems. He was assigned 10 points under Table 1 for the ME, (and the sleep disturbance and myalgia also came under the same table with no increased rating. The cognitive issues were granted 10 points under Table 7. The two tables were combined for a total of 20 points.
This is a template case for an application with respect to ME/CFS.
Unsuccessful Case Law
1. Foote and Secretary, Department of Social Services (Social services second review) [2016] AATA 131 (4 March 2016) or PDF Here.
This case is an ideal example of the pitfalls of making a claim and not meeting the criteria. The Appellant is very obviously disabled and very obviously sick. The decision maker acknowledge the Appellant had very serious conditions. She was diagnosed with CFS, Fibromyalgia, Osteoperosis, Gastro oesophageal reflux disease, sleep apnoea and depression. The decision maker noted that the various conditions were "not fully treated and stablised" . One condition , being the reflux, attracted a zero rating. The Fibromyalgia was considered to be fully treated and stablised, hence assessed against Table 1. The Applicant failed to achieve 20 points.
This case highlights the importance of the reports detailing the conditions, how they were diagnosed, the correct practitioner being used (eg specialist in the area, or psychologist, etc - as per the table requirement), and full details of how it was treated, the impact, and why other options (if available) were ruled out.
NB: Should a like be down, please notify ME/CFS Legal Resources via our contact page - Thank you.
The Current Australian Social Security law is very stringent with respect to the Disability Pension. The case law is very limited in terms of the current law. A claimant must achieve 20 points on a single table, or 20 points across several tables (plus a Work Capacity Assessment).
The Link to the Tables is here and the PDF Document is here.
Successful Case Law
1. Root and Secretary, Department of Social Services (Social services second review) [2016] AATA 364 (1 June 2016) or PDF Here.
Summary: Mr. Root had ME, with Sleep Disturbance, Myalgia and Cognitive Problems. He was assigned 10 points under Table 1 for the ME, (and the sleep disturbance and myalgia also came under the same table with no increased rating. The cognitive issues were granted 10 points under Table 7. The two tables were combined for a total of 20 points.
This is a template case for an application with respect to ME/CFS.
Unsuccessful Case Law
1. Foote and Secretary, Department of Social Services (Social services second review) [2016] AATA 131 (4 March 2016) or PDF Here.
This case is an ideal example of the pitfalls of making a claim and not meeting the criteria. The Appellant is very obviously disabled and very obviously sick. The decision maker acknowledge the Appellant had very serious conditions. She was diagnosed with CFS, Fibromyalgia, Osteoperosis, Gastro oesophageal reflux disease, sleep apnoea and depression. The decision maker noted that the various conditions were "not fully treated and stablised" . One condition , being the reflux, attracted a zero rating. The Fibromyalgia was considered to be fully treated and stablised, hence assessed against Table 1. The Applicant failed to achieve 20 points.
This case highlights the importance of the reports detailing the conditions, how they were diagnosed, the correct practitioner being used (eg specialist in the area, or psychologist, etc - as per the table requirement), and full details of how it was treated, the impact, and why other options (if available) were ruled out.
NB: Should a like be down, please notify ME/CFS Legal Resources via our contact page - Thank you.