Re Bobera and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

This matter concerned an appeal by Mr. Mahmodi against the rejection of his claim for a Disability Support Pension (DSP). The dispute centred on whether Mr. Mahmodi's physical and psychiatric impairments met the threshold required for a DSP, specifically whether he had an impairment rating of 20 points or more under the Impairment Tables and a continuing inability to work. The Administrative Appeals Tribunal (AAT) was tasked with determining these issues.

The legal issues before the Tribunal were twofold: first, whether Mr. Mahmodi's various physical and mental health conditions resulted in an impairment rating of 20 points or more according to the Impairment Tables; and second, whether, at the time of his claim and within the subsequent 13-week assessment period, he had a continuing inability to work. The Tribunal was required to assess his condition based on the evidence available at the time of the DSP claim, rather than later developments.

The Tribunal's reasoning emphasised the importance of assessing the applicant's condition during the relevant assessment period, which was the time of the DSP claim and the 13 weeks thereafter. It noted that subsequent developments or improvements in a condition, while potentially relevant to the weight given to medical reports, could not be used to directly award a DSP if the condition had progressed since the original application. The Tribunal considered the evidence of Mr. Mahmodi's physical ailments, including back pain, gout, and shoulder issues, as well as his mental health conditions, anxiety disorder, and post-traumatic stress disorder. It also took into account his daily activities and the treatments he had undergone. However, the Tribunal concluded that, based on the evidence available at the time of the claim, Mr. Mahmodi did not meet the criteria for a DSP.

Consequently, the Tribunal affirmed the decision under review, finding that Mr. Mahmodi was not qualified to receive a Disability Support Pension from 13 June 2017 or within the 13 weeks following that date. The Tribunal noted that this decision did not preclude Mr. Mahmodi from making a future claim if his circumstances changed.