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

This matter concerned an application by Mr Dignam for a Disability Support Pension (DSP). The dispute before the Administrative Appeals Tribunal (AAT) was whether Mr Dignam qualified for the DSP based on his medical conditions as they existed on 5 July 2018, the date of his claim, or within the subsequent 13-week period. Mr Dignam had previously received the DSP until it was cancelled due to a compensation preclusion period arising from lump sum payments received for a workplace injury sustained in 2012.

The primary legal issues before the Tribunal were whether Mr Dignam’s impairments were fully diagnosed, fully treated, and fully stabilised, and whether he met the threshold of 20 points or more under the relevant impairment tables during the qualification period. The Tribunal was required to assess Mr Dignam’s eligibility based on his conditions as they were between 5 July 2018 and 4 October 2018, and any subsequent progression of his conditions was irrelevant to this specific claim.

The Tribunal applied the principles established in cases such as *Bobera* and *Fanning*, which dictate that an assessment of eligibility for a DSP must be based on the applicant's condition at the time of the claim and the subsequent 13-week qualification period. The Tribunal noted that if a medical condition has progressed since the original claim, the applicant must lodge a new claim with contemporaneous evidence. The Tribunal found that the legislative criteria for the DSP had not been met during the relevant qualification period, despite acknowledging the severity of Mr Dignam's conditions.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Dignam's application for the DSP was unsuccessful. The Tribunal advised Mr Dignam that he was able to make a new claim for the DSP at any time, supported by current evidence of his medical conditions and treatment.