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

This matter concerned an appeal by Mrs Watkins against a decision of the Secretary of the Department of Social Services. The central dispute revolved around whether Mrs Watkins qualified for a Disability Support Pension (DSP) on or after the date she lodged her claim. The case was heard by Mr D. J. Morris, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether Mrs Watkins was qualified for DSP on the day after she lodged her claim, 10 September 2015, and if not, whether she became qualified within the subsequent 13-week claim period, which concluded on 10 December 2015, pursuant to clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999*. The Tribunal also needed to determine if Mrs Watkins had a physical, intellectual, or psychiatric impairment and, if so, what the correct rating under the Impairment Tables would be.

The Tribunal considered medical evidence including reports from Dr Leong, Dr Minogue, and Dr French, as well as a Job Capacity Assessment Report. Based on this evidence, the Tribunal found that Mrs Watkins did have impairments from several conditions, including a spinal condition, hypertension, a thyroid condition, and a depressive condition, during the relevant claim period. However, the Tribunal ultimately affirmed the decision under review, noting that while Mrs Watkins had significant health challenges, the available evidence did not establish her qualification for DSP within the specified period. The Tribunal advised that for any future claim, it would be in Mrs Watkins' interest to gather contemporary medical evidence.