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

This matter concerned an appeal by Ms Lynette Rieper (the applicant) against a decision of the Social Security Appeals Tribunal (SSAT) which affirmed a determination by the Secretary, Department of Social Services (the respondent) that the applicant was not entitled to a disability support pension. The applicant sought review of the SSAT's decision in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether the applicant met the criteria for a disability support pension under the *Social Security Act 1991* (Cth), specifically whether she had a continuing inability to work due to a physical, intellectual, or psychiatric impairment, and whether this impairment was permanent. The AAT was required to consider the medical evidence presented regarding the applicant's conditions and their impact on her capacity to work.

The AAT Member, Ms Lynette Rieper, reviewed the evidence, including medical reports and the applicant's own testimony. Her Honour noted that while the applicant suffered from several medical conditions, the evidence did not establish that these conditions were permanent or that they resulted in a continuing inability to work in accordance with the Act's requirements. The Member applied the principles established in relevant case law concerning the assessment of work capacity and the permanence of impairments for the purposes of disability support pension eligibility.

The AAT affirmed the SSAT's decision, finding that the applicant had not satisfied the legislative requirements for a disability support pension.