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

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a decision to refuse a disability support pension. The applicant, who had limited formal education and prior work experience in administrative roles, claimed to suffer from chronic shoulder pain and anxiety and depression since childhood. She argued that these conditions prevented her from working.

The primary legal issue before the Tribunal was whether the applicant's impairments, specifically her shoulder condition and mental health issues, were fully diagnosed, fully treated, and fully stabilised within the qualification period for the disability support pension, or within 13 weeks of the claim date. This required the Tribunal to assess whether her conditions met the criteria for assigning 20 or more impairment points under the relevant Impairment Tables and whether she had a continuing inability to work during that period.

The Tribunal applied established legal principles concerning the assessment of disability support pension claims. It emphasised that the assessment must focus on the applicant's condition and the evidence available at the time of the claim and the subsequent 13 weeks. Decisions such as *Bobera* and *Fanning* were cited, highlighting that subsequent progression of a medical condition or the efficacy of treatment occurring after the qualification period is not directly relevant to determining eligibility for the original claim. The Tribunal also noted that the Impairment Tables assess functional impact, requiring conditions to be permanent and likely to persist for more than two years to warrant an impairment rating.

Ultimately, the Tribunal affirmed the decision under review because it found that the applicant was not qualified for a disability support pension at the time she lodged her claim, nor within the subsequent 13-week period.