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

This matter concerned an appeal by the Applicant against a decision of the Authorised Review Officer (ARO) and subsequently the Administrative Appeals Tribunal (AAT) regarding eligibility for a disability support pension. The Applicant, aged 62, ceased employment in August 2019 due to health reasons. A job capacity assessment identified several health issues which were then considered by the AAT. The ARO had assigned a total of 20 points to the Applicant's disabilities but concluded these did not constitute a severe impairment or impairments, and therefore the Applicant did not have a continuing inability to work. The AAT affirmed the ARO's decision, though it varied its approach to assessing the Applicant's disabilities.

The primary legal issues before the Tribunal were whether the Applicant's impairments attracted 20 points or more on any one relevant Impairment Table, and whether these impairments constituted a continuing inability to work, as required for a disability support pension. The Tribunal was required to consider the Applicant's conditions and symptoms within the qualification period of 23 December 2019 to 23 March 2020, applying the principles outlined in the Guide to Social Security Law.

The Tribunal found that there was insufficient evidence to support the Applicant's case under section 94(1)(c) of the Social Security Act 1991, which pertains to a continuing inability to work. Consequently, it was not necessary for the Tribunal to determine whether the Applicant's impairments attracted 20 points or more on any single Impairment Table. The Tribunal affirmed the decision of the AAT dated 6 July 2020.