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

This matter concerned an appeal by Mr Ebady against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). The central dispute revolved around whether Mr Ebady met the legislative requirements for receiving a DSP on the relevant date, specifically concerning the severity and permanence of his impairments.

The court was required to determine three key issues: first, whether Mr Ebady suffered from physical, intellectual, or psychiatric impairments on the relevant date; second, if such impairments existed, whether they attracted a rating of at least 20 points under the Impairment Tables; and third, if the impairment threshold was met, whether Mr Ebady had a continuing inability to work.

The court noted that the Respondent conceded Mr Ebady suffered from a range of diagnosed conditions, including adjustment disorder, hearing loss, coronary artery disease, sleep apnoea, spinal conditions, arthritis, diabetes, rotator cuff syndrome, and obesity, among others. However, the critical issue was whether these impairments were permanent and attracted the requisite points under the Impairment Tables. The court found that Mr Ebady did not satisfy section 94(1)(b) of the Act, which requires an impairment rating of 20 or more points. Consequently, Mr Ebady did not meet all the requirements of section 94(1) of the Act on the relevant date and was therefore not qualified to receive DSP. The decision of the AAT was affirmed.