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

This matter concerned an appeal by Mr Dittloff against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to refuse Mr Dittloff a disability support pension. The AAT had found that Mr Dittloff did not have a permanent impairment that attracted sufficient points on the relevant impairment tables, nor was he unable to work in any capacity on a permanent basis.

The primary legal issue before the court was whether the AAT had erred in law in its assessment of Mr Dittloff's eligibility for a disability support pension. Specifically, the court was required to consider whether the AAT had correctly applied the legislative criteria relating to permanent impairment and continuing inability to work, as set out in the *Social Security Act 1991* (Cth) and the relevant impairment tables.

The court affirmed the AAT's decision, finding that the AAT had properly considered all the evidence before it and had applied the correct legal principles. The AAT's findings that Mr Dittloff's impairments did not reach the threshold for a permanent impairment under the tables, and that he was not permanently unable to work in any capacity, were supported by the evidence and were not vitiated by any error of law. The court therefore dismissed the appeal.