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

This matter concerned an appeal by Ms Lear against a decision of the Social Services Appeals Tribunal affirming a decision to refuse her claim for a disability support pension. The core dispute revolved around whether Ms Lear's medical conditions met the criteria for a disability support pension, specifically whether her impairments could be assigned 20 points or more under the Impairment Tables during the relevant qualification period and whether she had a continuing inability to work.

The legal issues before the Tribunal were whether Ms Lear's medical conditions were fully diagnosed, fully treated, and fully stabilised during the qualification period, and if so, whether these conditions resulted in an impairment rating of 20 points or more under the Impairment Tables, thereby establishing a continuing inability to work. The Tribunal was required to assess Ms Lear's eligibility within the 13-week qualification period from 20 November 2017 to 19 February 2018.

The Tribunal applied principles established in cases such as *Bobera* and *Gallacher*, which emphasise that eligibility for a disability support pension must be assessed within the qualification period. The Tribunal also considered the approach to evidence of treatment after the qualification period, as outlined in *Re Fanning*. This approach dictates that the assessment of whether a condition was fully stabilised should be based on whether further reasonable treatment was unlikely to result in significant functional improvement enabling work in the next two years, evaluated at the time of the claim and the subsequent 13 weeks. The Impairment Tables, which rate functional impact rather than diagnosis, require a condition to be permanent, meaning it is more likely than not to persist for more than two years, and to be fully diagnosed, fully treated, and fully stabilised. The determination of whether a condition is fully diagnosed and treated involves considering corroborating evidence, the treatment received, and any ongoing or planned treatment within the next two years.