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

This matter concerned an appeal by Mr Shane Adams against a decision of the Social Services and Child Support Division to decline his claim for a Disability Support Pension. The purported impairments related to a spinal condition, but there was competing evidence regarding whether the condition was fully diagnosed. The Tribunal considered a report from the Health Professional Advisory Unit.

The primary legal issue before the Tribunal was whether Mr Adams satisfied the requirements of section 94(1)(b) of the *Social Security Act 1991* (Cth) in relation to his claim for the Disability Support Pension. This required determining whether his condition was fully diagnosed and whether he qualified for the pension during the relevant Qualification Period.

The Tribunal reasoned that for a claim to be successful, the applicant must be qualified for the Disability Support Pension during the Qualification Period, and subsequent changes in medical conditions are not relevant to that specific claim. While further evidence referable to the applicant's condition during the Qualification Period may be considered, the Tribunal found that the applicant's condition was not fully diagnosed. Consequently, the requirements of section 94(1)(b) of the *Social Security Act 1991* (Cth) were not satisfied.

The Tribunal affirmed the decision of the Social Services and Child Support Division to decline Mr Adams' claim for the Disability Support Pension. The Tribunal noted that this decision did not preclude Mr Adams from making a new claim for the pension in the future.