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

This matter concerned an appeal by Mrs Logan against the decision of the Secretary, Department of Social Services, to affirm a decision that she was not qualified for a disability support pension (DSP). The appeal was heard by a single member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mrs Logan’s impairments, arising from Parkinson's disease, could be assigned 20 points or more under the relevant Impairment Tables during the qualification period for her DSP claim, and if so, whether she had a continuing inability to work. The Tribunal was required to consider the evidence and circumstances as they existed at the time of Mrs Logan's DSP application in February 2018 and for the subsequent 13 weeks.

The Tribunal applied the principle that it can only consider an applicant's qualification for a DSP based on the situation and evidence available at the time of the application and the following 13 weeks. If a medical condition has progressed since that time, it is incumbent upon the applicant to make a new claim, as the Tribunal cannot use evidence of subsequent progression to award a DSP based on changed circumstances. The Tribunal noted Mrs Logan's evidence regarding the progressive and unpredictable nature of her Parkinson's disease, which had led to her ceasing work in 2014. Despite her determination to live as normal a life as possible and engage in daily activities, the medical evidence indicated functional impacts such as slower movement, poor balance, speech difficulties, and fatigue. However, the Tribunal found that Mrs Logan was not qualified for the DSP at the time she lodged her initial claim or within the subsequent 13-week period.

Consequently, the Tribunal affirmed the decision under review.