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

This matter concerned an application for a disability support pension by the Applicant, who suffered from chronic back pain, neuropathic pain in his lower limbs, and depression. The Secretary of the Department of Social Services opposed the application. The case was heard by Linda Kirk SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant’s impairments, specifically his chronic back pain and lower limb neuropathy, could be assigned 20 points or more under the relevant Impairment Tables, as required for a disability support pension. A secondary issue, which became moot, was whether his conditions were fully diagnosed, treated, and stabilised during the qualification period.

The Tribunal considered the medical evidence concerning the Applicant's chronic back pain. While the Respondent accepted the condition was diagnosed, treated, and stabilised during the qualification period, it contended that the functional impairment attracted only 10 points under Impairment Table 4. The Tribunal agreed, finding no contemporaneous evidence that the Applicant was unable to perform tasks indicating severe functional impairment. Reports from 2018 suggesting a more significant impact were noted, but the Tribunal correctly applied the principle that post-qualification period evidence is only relevant if it refers to the condition during that period, citing *Bobera* and *Gallacher*. As the Applicant's conditions were not considered permanent and the threshold for functional impairment under the relevant table was not met, the Tribunal did not need to consider his continuing inability to work.

The decision under review, which affirmed the refusal of the disability support pension, was affirmed.