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

This matter concerned an application for a disability support pension by the Applicant, who suffered from several conditions including spinal pain, and pain in her shoulder and hip. The dispute centred on whether these conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether they resulted in a severe functional impact. The case was heard by Dr Damien Cremean, Senior Member.

The legal issues before the Tribunal were whether the Applicant's conditions met the criteria for a disability support pension under the relevant legislation, specifically concerning the diagnosis, treatment, and stabilisation of her impairments, and whether these impairments had a severe functional impact on her ability to work. The Tribunal was required to assess the Applicant's functional capacity and the impact of her conditions during the qualification period from 5 April 2018 to 5 July 2018.

The Senior Member considered the Applicant's evidence regarding her spinal condition, which she stated was a result of a car accident in 1999 and had caused her continuous pain and a need for ongoing treatment. The Applicant also described significant limitations in her daily activities, such as an inability to perform household chores, difficulty with balance, limited sitting and standing tolerance, and restricted head movement. The Senior Member noted the Applicant's focus on her spinal condition and her understanding of the critical assessment period. Applying the legislative criteria, the Senior Member found that the Applicant satisfied the requirements of sections 94(1)(a), (b), and (c) of the Act. Consequently, the decision under review was set aside, and a substituted decision was made granting the Applicant entitlement to a disability support pension effective from 5 April 2018.