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

This matter concerned an appeal by Mr Turnbull against the rejection of his claim for a disability support pension by the Secretary of the Department of Social Services. The central dispute revolved around whether Mr Turnbull's various physical impairments met the threshold of attracting 20 points or more under the relevant Impairment Tables, and consequently, whether he had a continuing inability to work during the assessment period.

The court was required to determine if Mr Turnbull's conditions were fully diagnosed, fully treated, and fully stabilised during the assessment period relevant to his claim. This involved assessing whether his impairments, as they existed at that specific time, qualified him for the disability support pension under the Impairment Tables, which assess functional impact rather than diagnosis.

The Tribunal applied the principles established in *Re Bobera*, emphasizing that its assessment must be confined to the applicant's situation and available evidence at the time of the claim and the subsequent 13-week assessment period. Any progression of a condition after this period cannot be used to directly award a pension. The Impairment Tables require an impairment rating to be assigned only if the condition causing the impairment is permanent and likely to persist for more than two years. As Mr Turnbull did not meet the criteria for the disability support pension at the time of his claim or within the subsequent 13 weeks, the Tribunal affirmed the decision under review.