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

The Administrative Appeals Tribunal (General Division) considered an application for a disability support pension (DSP) made by the applicant, Baker, against the Secretary of the Department of Social Services. The applicant sought review of a decision affirming the refusal of her DSP application.

The Tribunal was required to determine whether the applicant's medical conditions, specifically idiopathic hypersomnia, anxiety/depression, and attention deficit hyperactivity disorder (ADHD), were fully diagnosed, treated, and stabilised during the relevant qualification period. Furthermore, the Tribunal had to assess whether these impairments, if stabilised, attracted a rating of 20 points or more under the Impairment Tables, as required for a DSP qualification.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's conditions during the qualification period, which ran from 17 March 2021 to 16 June 2021. It applied the principles that evidence of conditions after this period is generally not relevant, except to inform prognoses made during the qualification period. The Tribunal considered the applicant's medical history and treatment records to ascertain if her conditions met the diagnostic and stabilisation criteria. The Tribunal ultimately affirmed the decision to refuse the disability support pension.