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

This matter concerned an appeal by the Applicant against the decision of the Secretary, Department of Social Services (the Respondent) to affirm a decision that the Applicant was not eligible for a Disability Support Pension (DSP). The Applicant, born in 1953, had a history of self-employment and was experiencing difficulties due to a decline in the economy and the physical demands of his work. He had lodged his claim for the DSP on 22 November 2016.

The primary legal issues before the Tribunal were whether the Applicant's various medical conditions were fully diagnosed, treated, and stabilised, and whether these conditions, when assessed against the Impairment Tables, attracted a total of 20 points or more. The Tribunal was required to consider the Applicant's medical state during the qualification period, which extended from the date of his claim (22 November 2016) to 22 February 2017.

The Tribunal applied the principle that its assessment must be based on the Applicant's condition at the time of his claim or within the subsequent 13 weeks. While subsequent medical evidence could be considered, it was only relevant to the extent it illuminated the Applicant's health during the qualification period. If a condition had progressed significantly after this period, it would necessitate a new claim rather than being used to support the current appeal. The Tribunal found that the Applicant suffered from several impairments, including severe obstructive sleep apnoea, psoriatic arthritis, severe generalised osteoarthritis, rotator cuff syndrome, carpal tunnel syndrome, and functional movement disorder. However, it concluded that even if the Applicant had been assigned 20 points in total across multiple Impairment Tables, he had not satisfied the requirements of section 94(2) of the relevant Act based on the available evidence.

Consequently, the Tribunal affirmed the decision under review.