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

This matter came before the Administrative Appeals Tribunal (AAT) concerning an application for a Disability Support Pension (DSP) by Mr Mowbray against the Secretary, Department of Social Services. The hearing was initially scheduled for 7 July 2017 but was aborted due to Mr Mowbray's anxiety, and subsequently proceeded on the papers on 28 September 2017. Mr Mowbray, who arrived in Australia at age 45 and had a history of employment in the construction industry, lodged his first DSP claim in December 2012, citing a spinal disorder, depression and anxiety, and right elbow tenosynovitis. This initial claim was rejected due to his conditions not being fully diagnosed, treated, and stabilised, and insufficient residency. A subsequent claim was lodged on 5 September 2016, by which time he met the residency requirements.

The Tribunal was required to determine whether Mr Mowbray's claimed medical conditions met the criteria for a DSP during the relevant qualification period, specifically whether these conditions were fully diagnosed, treated, and stabilised. This involved assessing the severity of his spinal disorder, depression and anxiety, right elbow tenosynovitis, and bilateral knee osteoarthritis against the Impairment Tables. The Tribunal also needed to consider whether any subsequent evidence or changes in health status were relevant to the conditions during the qualification period, as per the principle established in *Harris v Secretary, Department of Employment and Workplace Relations* [2007] FCA 404.

The Secretary contended that Mr Mowbray's spinal condition warranted a 10-point impairment rating under Table 4, as he could still perform certain physical activities. Regarding his mental health, it was argued that these conditions were not fully treated and stabilised during the qualification period, and even if they were, an impairment rating of 5 points under Table 5 would be appropriate. Claims for hernia and elbow tendonitis were considered to have minimal or no functional impact, attracting a zero rating. While symptoms of bilateral knee osteoarthritis were present, the definitive investigations occurred after the qualification period, meaning the condition was not fully diagnosed, treated, and stabilised within that time.