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

This matter concerned an appeal by Mr McLaughlin against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension (DSP). The appeal was heard by Ranson M.

The primary legal issues before the Tribunal were whether Mr McLaughlin possessed physical, intellectual, or psychiatric impairments, whether these impairments attracted 20 points or more under the relevant Impairment Tables, and whether he had a continuing inability to work. The Tribunal was required to assess these conditions as they were at the date of Mr McLaughlin's claim for DSP or within the subsequent 13-week qualification period, which was determined to be from 16 April 2020 to 16 July 2020.

The Tribunal's reasoning focused on applying the criteria set out in the *Social Security Act 1991* (Cth) and the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011* (Cth). It was noted that self-reported symptoms require corroborating evidence, and non-medical factors should not be considered unless specifically required by the Impairment Tables. The Tribunal considered medical evidence relating to Mr McLaughlin's conditions, including post-shingles neuralgia with left eye involvement, depression, hypertension with mild cognitive impairment, and bipolar disorder, as diagnosed and treated by various medical practitioners. The Tribunal affirmed the Secretary's decision.