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

This matter concerned an application for review of a decision to reject Mr Timothy Lothian's claim for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) considered the applicant's medical conditions and their impact on his eligibility for the DSP. The applicant represented himself, while the respondent, the Secretary of the Department of Social Services, was represented by solicitors.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether he met the required level of impairment under the relevant tables during the qualification period. The Tribunal also had to consider whether any evidence provided outside the qualification period could be relevant if it referred to the applicant's condition during that time.

The Tribunal noted that it was not in contention that the applicant suffered from impairments relevant to his DSP application. The applicant listed several conditions, including heart disease, arthritis, and depression. However, for a number of other listed medical conditions, the Tribunal found a lack of detail regarding prognosis, treatment, stabilisation, permanence, and whether they were likely to exist for more than two years. The Tribunal affirmed the decision to reject the applicant's claim for the DSP, noting that this decision did not preclude the applicant from making a new claim in the future.