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

This matter concerned an appeal by Mr Grossi against a decision by the Secretary of the Department of Social Services to refuse his claim for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Grossi met the eligibility requirements for a DSP as stipulated in section 94 of the *Social Security Act 1991* (Cth).

The central legal issues before the Tribunal were whether Mr Grossi's impairments were fully diagnosed, treated, and stabilised, and whether these impairments rated 20 points or more under the Impairment Tables, specifically under a single heading. The Tribunal also had to consider whether Mr Grossi had a continuing inability to work, as defined by the Act, which requires an assessment of whether his impairments were sufficient to prevent him from undertaking any work or training activity within the next two years, independently of a program of support.

The Tribunal found that Mr Grossi met the eligibility requirements for the DSP. It considered extensive medical evidence, including reports from GPs, specialists, and allied health professionals, as well as Mr Grossi's own evidence. The Tribunal concluded that Mr Grossi's conditions were sufficiently diagnosed, treated, and stabilised, and that his impairments, when assessed under the Impairment Tables, met the threshold of 20 points or more under a single heading. Furthermore, the Tribunal was satisfied that Mr Grossi had a continuing inability to work due to his impairments.

Consequently, the Tribunal set aside the previous decision and substituted it with a decision that Mr Grossi met the eligibility requirements for the Disability Support Pension at the date of his claim, 3 January 2022.