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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Lambe, who sought a disability support pension (DSP). The Secretary of the Department of Social Services was the respondent. The dispute centred on whether Mr Lambe's medical conditions, diagnosed, treated, and stabilised during the relevant qualification period, resulted in an impairment rating of 20 points or more under the Impairment Tables.

The legal issues before the Tribunal were whether Mr Lambe's medical conditions were fully stabilised during the qualification period, and if so, whether these conditions, individually or in combination, met the threshold for a DSP qualification under the Impairment Tables. Specifically, the Tribunal had to determine the functional impact of Mr Lambe's low intellectual functioning and anxiety during the assessment period.

The Tribunal applied the principle that medical reports generated after the qualification period are only relevant to the extent they shed light on the applicant's condition during that period. The assessment of stabilisation under section 6(6) of the Impairment Tables requires consideration of whether further reasonable treatment is unlikely to lead to significant functional improvement enabling work within the next two years. The Tribunal noted that the evidence indicated Mr Lambe's intellectual functioning fell within the low range, with a moderate impact. However, the critical finding was that Mr Lambe was not qualified for the DSP at the time of his claim or within the subsequent 13 weeks.

Consequently, the Tribunal set aside the decision under review and determined that Mr Lambe was not qualified to receive the disability support pension.