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

This matter concerned an appeal by FGSH against a decision of the Secretary of the Department of Social Services affirming a determination that FGSH did not qualify for a disability support pension. The appeal was heard by Cox M in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether FGSH met the criteria for a disability support pension under the relevant social security legislation, specifically whether FGSH attracted the requisite 20 points under the Impairment Tables, and whether FGSH had completed a program of support as required by the legislation.

Cox M considered the evidence presented regarding FGSH's impairments and their functional impact. The Tribunal applied the principles of the Impairment Tables, assessing whether the described conditions and their severity met the threshold for the necessary points allocation. Furthermore, the Tribunal examined the evidence concerning FGSH's participation in and completion of any mandated programs of support, determining whether these requirements had been satisfied.

The Tribunal affirmed the decision of the Secretary, finding that FGSH did not meet the necessary criteria for the disability support pension.