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

This matter concerned an appeal by Ms Bailey against a decision of the Administrative Appeals Tribunal (AAT) regarding her eligibility for a Disability Support Pension (DSP). The dispute centred on whether Ms Bailey met the requirements of section 94 of the *Social Security Act 1991* (Cth) to qualify for the DSP, specifically in relation to her chronic pain condition. The decision was made by Member Lee Benjamin.

The primary legal issue before the Member was to determine whether Ms Bailey had a continuing inability to work for the purposes of the DSP regime, as required by section 94(1)(c) of the *Social Security Act 1991* (Cth). This involved assessing the evidence presented regarding her chronic pain condition and its impact on her capacity to engage in substantial gainful employment.

The Member found, on the evidence before the Tribunal, that Ms Bailey satisfied the requirements of section 94(1)(c) of the Act. Consequently, the Tribunal set aside the AAT's previous decision of 22 June 2021 and substituted a new decision. This substituted decision determined that Ms Bailey met the section 94 eligibility requirements and was qualified for the DSP as at the date of her claim, 17 February 2021.