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

This matter concerned an appeal by Mr Morrison against the Secretary of the Department of Social Services' decision to reject his claim for a Disability Support Pension. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Morrison's impairments met the criteria for the pension, specifically whether his conditions were fully diagnosed, treated, and stabilised, and if he suffered a severe impairment with a continuing inability to work.

The Tribunal considered the legal principles governing the assessment of claims for a Disability Support Pension, particularly concerning the stabilisation of medical conditions and the relevance of treatment. It was emphasised that the assessment must focus on the applicant's condition and available evidence at the time of the original claim and the subsequent 13-week assessment period. Evidence of the progression of a condition or the efficacy of treatment occurring after this relevant period is not directly applicable to the original claim, although it may inform the weight given to prognostications or the quality of earlier medical reports.

Applying these principles, the Tribunal found that despite the passage of time between Mr Morrison's claim and the hearing, and any subsequent worsening of his condition, the assessment must be confined to the circumstances at the time of his application. The Tribunal was satisfied that, based on the evidence available at that time, Mr Morrison had a continuing inability to work as defined by section 94(1)(c) of the relevant Act. Consequently, the Tribunal set aside the original decision and determined that Mr Morrison qualified for the Disability Support Pension from 26 April 2018.