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

This matter concerned an appeal by Mr Nean against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by L Kirk SM in the Administrative Appeals Tribunal. The dispute centred on whether Mr Nean's various physical and psychiatric impairments met the criteria for the pension, specifically whether they were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether he had a continuing inability to work.

The legal issues before the Tribunal included determining whether Mr Nean's conditions, including emphysema, spinal scoliosis, gastro-oesophageal reflux disorder, anal abscess, depression, knee osteoarthritis, and bilateral rotator cuff disease, were fully diagnosed, treated, and stabilised within the qualification period. The Tribunal also had to consider whether the evidence supported a continuing inability to work as a result of these impairments, and how the Impairment Tables, particularly Table 4 (Spinal Function) and Table 5 (Mental Health Function), applied to his circumstances.

The Tribunal's reasoning focused on the strict requirements for diagnosis, treatment, and stabilisation within the qualification period. It found that Mr Nean's depression was not fully diagnosed, treated, or stabilised during this time, as the diagnosis by Dr Edema and subsequent treatment by a psychologist occurred after the qualification period had ended. The Tribunal applied the principle from *Bobera* that it must assess the situation and available evidence as it was at the time of the application for the disability support pension, and that subsequent progression of a condition cannot be used to directly award the pension. Similarly, diagnoses of knee osteoarthritis and bilateral degenerative rotator cuff disease were made outside the qualification period, with no prior mention in the medical records.

Consequently, the Tribunal was not satisfied that Mr Nean's impairments met the necessary criteria during the qualification period. Therefore, no impairment could be assigned for the resulting functional limitations, and the appeal was dismissed.