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

This matter concerned an application for a disability support pension (DSP) by Mr Mahmodi, which had been rejected by the Secretary, Department of Social Services. The Administrative Appeals Tribunal (AAT) was required to review this decision.

The primary legal issues before the Tribunal were whether Mr Mahmodi's physical, intellectual, or psychiatric impairments resulted in an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work during the relevant assessment period. The Tribunal was required to assess his condition at the time of the DSP claim and within the subsequent 13 weeks, disregarding later developments unless they assisted in establishing the true state of affairs during that period.

The Tribunal considered the evidence of Mr Mahmodi's physical conditions, including back pain, leg pain, shoulder problems, and gout, as well as his mental health issues, such as anxiety and post-traumatic stress disorder. It noted that the Impairment Tables assess functional impact rather than diagnosis. Applying the principles established in cases such as *Secretary, Department of Social Services and Seyfang* and *Re Bobera*, the Tribunal emphasised that its assessment must be confined to the state of affairs during the assessment period. Evidence of treatment or condition progression after this period, while potentially relevant to the weight given to prognostications, could not be used to directly award a DSP based on changed circumstances. The Tribunal found that Mr Mahmodi did not meet the necessary criteria for qualification for the DSP at the time he lodged his claim and during the subsequent assessment period.

The Tribunal affirmed the decision under review that Mr Mahmodi was not qualified to receive the DSP from 13 June 2017 or within 13 weeks of that date. The Tribunal directed the Registrar to amend the decision to reflect a date of 19 July 2019, rather than 19 July 2018.