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

This matter concerned an appeal by Mr Edwards against a decision by the Secretary of the Department of Social Services to affirm a refusal of his claim for a disability support pension. The central dispute revolved around whether Mr Edwards’ physical impairments, assessed during a specific period, met the threshold of 20 points or more under the Impairment Tables, and consequently, whether he had a continuing inability to work.

The Tribunal was required to determine if Mr Edwards’ impairments, including chronic pain in his back, neck, and lower limbs, carpal tunnel syndrome in both hands, and the effects of a severe work injury sustained in 2015, qualified him for the pension. A key legal issue was whether these impairments were fully diagnosed, treated, and stabilised during the assessment period, as required by the relevant social security legislation.

The Tribunal applied the principles established in cases such as *Re Bobera* and *Re Fanning*, which emphasise that the assessment of a disability support pension claim must be based on the evidence and circumstances as they existed at the time of the application and the subsequent 13 weeks. The Tribunal noted that any progression of a medical condition after this period is not grounds for awarding a pension retrospectively, but rather necessitates a new application. Applying these principles, the Tribunal found that Mr Edwards was not qualified for the disability support pension at the time he lodged his claim or within the 13 weeks thereafter.

Consequently, the Tribunal affirmed the decision under review, meaning the refusal of Mr Edwards' claim for a disability support pension was upheld.