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

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Cai against a decision by the Secretary of the Department of Social Services concerning his eligibility for a disability support pension. The dispute centred on whether Mr. Cai's spinal condition, specifically an upper limb and shoulder condition, constituted a severe impairment for the purposes of the pension.

The Tribunal was required to determine whether Mr. Cai's medical conditions, including his spinal condition and associated pain, met the criteria for a severe impairment under the relevant social security legislation. This involved assessing the functional impact of his conditions on his ability to work.

The Senior Member, Emeritus Professor P A Fairall, affirmed the AAT's previous decision. The reasoning, though not detailed in the provided text, indicates that the Tribunal found Mr. Cai's conditions did not amount to a severe impairment as defined by the legislation. Consequently, the decision under review, which had affirmed the initial rejection of the disability support pension, was upheld.