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

The Administrative Appeals Tribunal considered the appeal of Franklin against a decision by the Secretary of the Department of Social Services concerning Franklin's eligibility for a disability support pension. The core of the dispute revolved around whether Franklin's impairments were permanent and whether these impairments attracted a sufficient level of severity, as defined by the relevant impairment tables, to qualify for the pension during the period in question.

The Tribunal was required to determine whether Franklin suffered from a severe impairment that was permanent in nature. Specifically, the Tribunal had to assess whether Franklin's impairments attracted 20 points or more under the relevant impairment tables, as stipulated by the Social Security Act 1991 (Cth), and whether this condition resulted in a continuing inability to work.

The Tribunal affirmed the decision under review, finding that Franklin's impairments did not meet the threshold for a severe impairment as defined by the impairment tables. The reasoning focused on the assessment of the specific impairments against the criteria set out in the tables, concluding that the evidence did not demonstrate the requisite level of severity or permanence necessary to establish eligibility for a disability support pension.