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

This matter concerned an application for a disability support pension (DSP) by Mr Logue against the Secretary of the Department of Social Services. The dispute centred on whether Mr Logue qualified for the DSP at the time of his claim on 11 March 2016, or within the subsequent 13 weeks. The application was heard by Ms N Isenberg, Senior Member.

The primary legal issues before the Tribunal were whether Mr Logue met the criteria stipulated in section 94 of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to determine if Mr Logue possessed a physical, intellectual, or psychiatric condition, if these conditions were fully diagnosed, treated, and stabilised, and if they attracted an impairment rating of at least 20 points under the relevant Impairment Tables. Crucially, the Tribunal also had to assess whether Mr Logue had a continuing inability to work.

The Tribunal found that Mr Logue had a physical condition, namely a stroke suffered on 9 February 2016, as well as hypertension and a history of skin cancers. While the stroke was accepted as fully diagnosed, the Tribunal determined it was not fully treated and stabilised at the time of the claim, as Mr Logue was still undergoing rehabilitation. The Tribunal noted that rehabilitation was recommended to continue for a further six months and that Mr Logue continued to experience difficulties with fine motor skills and reduced dexterity in his left upper limb, despite some improvement. The Tribunal affirmed the decision under review.