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

Deputy President McDermott of the Administrative Appeals Tribunal considered the appeal of Ms Bowes against a decision by the Secretary of the Department of Social Services to cancel her Disability Support Pension. The cancellation followed a reassessment of Ms Bowes' impairments, which included physical and psychiatric conditions, as well as alcohol addiction. The core of the dispute concerned whether Ms Bowes' impairments met the threshold for a permanent impairment of 20 points or more under the relevant Impairment Tables, as required for the continuation of her pension.

The Tribunal was tasked with determining two primary legal issues. Firstly, whether Ms Bowes' various physical and psychiatric impairments, including her alcohol addiction, were permanent in nature. Secondly, the Tribunal had to assess whether, individually or in combination, these impairments resulted in a level of impairment equivalent to 20 points or more as defined by the Impairment Tables. The question of portability was also a consideration, though secondary to the determination of eligibility based on the severity and permanence of her conditions.

In reaching its decision, the Tribunal applied the principles of the *Social Security Act 1991* (Cth) and the associated Impairment Tables. Deputy President McDermott reviewed the medical evidence presented, carefully considering the diagnoses, prognoses, and functional limitations associated with each of Ms Bowes' conditions. The Tribunal found that while Ms Bowes suffered from a number of impairments, the evidence did not establish that these conditions were permanent or that their combined effect reached the 20-point threshold under the Impairment Tables. The Tribunal affirmed the decision of the Secretary.