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

This matter concerned an appeal by an applicant against the cancellation of her Disability Support Pension (DSP). The applicant, who was awarded the DSP in September 2010, had claimed a number of conditions including somatoform disorder, central auditory processing disorder, asthma, and depression. The Secretary, Department of Social Services, was the respondent.

The primary legal issues before the Tribunal were whether the applicant’s diagnosed medical conditions attracted an impairment rating of 20 points or more under the relevant Impairment Tables, and whether these conditions were fully diagnosed, treated, and stabilised, and likely to persist for the foreseeable future. The Tribunal was required to determine the applicant's eligibility for the DSP as at the date of cancellation, considering all relevant evidence, including material presented after that date.

The Tribunal applied the principles established in cases such as *Bobera* and *Freeman*, emphasising that its role was to stand in the shoes of the original decision-maker and consider the matter afresh. It noted that while subsequent evolution of a condition might be relevant to the weight given to evidence, the assessment must focus on the applicant's circumstances at the time of the original DSP application and cancellation. The Tribunal accepted the respondent's concession that the applicant suffered from physical and psychiatric impairments, satisfying a threshold requirement of the Act. However, as the applicant's impairments were not found to attract a rating of 20 points or more under the Impairment Tables, the Tribunal did not need to consider the further issue of diagnosis, treatment, and stabilisation.

The decision under review was affirmed.