Al-Shuraifi; Secretary, Department of Social Services and (Social services second review)

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision of the Social Services & Child Support Division (SSCSD) of the Administrative Appeals Tribunal. The SSCSD had set aside a previous decision and substituted a new one, finding that Mr Adel Al-Shuraifi satisfied section 95 of the *Social Security Act 1991* (Cth) as at 10 April 2017. Mr Al-Shuraifi had lodged an incomplete claim for Disability Support Pension (DSP) on 10 April 2017, which was later considered complete by the Department on 18 April 2017. His claim listed chronic shoulder pain and right knee pain as his disabilities.

The legal issues before the court were whether Mr Al-Shuraifi's vision impairment condition attracted 20 points or more under Table 12 of the Impairment Tables during the relevant period, and if so, whether he had a continuing inability to work. The initial assessment by a Job Capacity Assessor found that while his knee and shoulder conditions were diagnosed, they were not fully treated or stabilised, and his low vision also did not meet these criteria. A subsequent assessment, however, considered his low vision to be fully diagnosed, treated, and stabilised, assigning it 10 points under the Impairment Tables.

The Tribunal considered the evidence regarding Mr Al-Shuraifi's visual acuity and the differing contentions of the parties regarding the severity of his vision impairment. While the Department argued for 10 impairment points, Mr Al-Shuraifi contended for 20 points, based on the evidence suggesting a severe functional impairment. The Tribunal was satisfied that Mr Al-Shuraifi's vision impairment condition was fully diagnosed, fully treated, and fully stabilised during the relevant period, allowing for assessment under Table 12. The Tribunal ultimately found that Mr Al-Shuraifi had a continuing inability to work pursuant to section 94(1)(c) of the Act.

Consequently, the Tribunal set aside the SSCSD's decision of 24 April 2018 and substituted a new decision. This substituted decision determined that Mr Al-Shuraifi met the eligibility requirements of section 94(1) of the *Social Security Act 1991* (Cth) and was qualified for DSP as at the date of his claim on 18 April 2017.