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

This matter concerned an appeal by Mr Allahverdi against a decision by the Secretary, Department of Social Services, affirming an original decision that he was not eligible for the Disability Support Pension (DSP) during a specific claim period. The appeal was heard by Mr D. J. Morris, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Allahverdi’s condition of epilepsy was fully treated and stabilised during the relevant claim period, such that he did not meet the criteria for the DSP. This involved considering the diagnosis, medication changes, and the impact of his condition on his functional capacity, particularly in relation to driving and operating machinery, as assessed against national standards.

The Tribunal considered medical evidence, including reports from Dr Kurnaz and Associate Professor Doug Crompton, and Mr Allahverdi’s own testimony. While a diagnosis of epilepsy was settled, the Tribunal noted that Mr Allahverdi was awaiting further tests both within and beyond the claim period. The Tribunal acknowledged that epilepsy is an episodic condition and that medication changes due to side effects do not necessarily indicate a lack of stabilisation. However, given the ongoing testing and the nature of the condition, the Tribunal concluded that it could not find, on the balance of probabilities, that Mr Allahverdi’s epilepsy was fully treated during the claim period. The Tribunal was constrained to consider only the evidence relevant to the 13-week claim period, and subsequent medical evidence was only relevant if it directly referred back to that period.

Consequently, the Tribunal affirmed the original decision that Mr Allahverdi was not eligible for the DSP during the claim period.