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

This matter concerned an appeal by Ms Tudo against a decision of the Secretary, Department of Social Services, affirming a refusal to grant her a disability support pension. The appeal was heard by I Thompson M of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether Ms Tudo's various medical conditions, including injuries to her left index finger, neck, lower back, bilateral knees, and a deterioration in her mental health, were fully diagnosed, fully treated, and fully stabilised as at the date of her disability support pension claim on 17 May 2016, or within the subsequent 13-week assessment period. This assessment was a prerequisite for determining any applicable impairment rating under the Impairment Tables.

The Tribunal applied the principle that its assessment must be confined to the applicant's condition at the time of the claim and the subsequent 13-week period, drawing on the reasoning in *Re Bobera*. It noted that any subsequent progression of a medical condition, even if evident by the time of the hearing, could not be used to award a disability support pension based on those changed circumstances; rather, such progression would necessitate a new claim. The Tribunal found that the evidence, including Ms Tudo's own testimony and much of the medical evidence, indicated that her conditions had worsened in the period between her claim and the hearing, which was close to two years.

Consequently, as Ms Tudo did not meet the necessary criteria for qualification for a disability support pension at the time she lodged her claim or within the subsequent assessment period, the Tribunal affirmed the decision under review.