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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by Mr. Kahsay against a decision of the Secretary, Department of Social Services, to reject his claim for a disability support pension. The core of the dispute revolved around whether Mr. Kahsay met the eligibility requirements for the pension, specifically concerning the severity of his impairments.

The AAT was required to determine whether Mr. Kahsay suffered from permanent impairments that attracted a total of 20 points or more under the Impairment Tables, as stipulated by section 94 of the *Social Security Act 1991* (Cth). This involved assessing his shoulder pain, neck pain, and reduced vision against the criteria outlined in Impairment Table 2 (Upper Limb Function) and Impairment Table 12 (Visual Function). The Tribunal also needed to consider the relevant legislative framework, including the *Social Security (Administration) Act 1999* (Cth) and the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011* (Cth).

The Tribunal's reasoning focused on the assessment of Mr. Kahsay's impairments against the Impairment Tables. It concluded that his medical conditions did not meet the threshold of 20 points or more. Consequently, the Tribunal did not proceed to consider the secondary issue of whether Mr. Kahsay had a continuing inability to work, as this qualification criterion is contingent upon the initial impairment rating being met. The Tribunal affirmed the reviewable decision, which had previously rejected the claim for a disability support pension.