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

This matter concerned an appeal by Kirby against a decision of the Secretary, Department of Social Services, regarding the assessment of his disability support pension. The appeal was heard by T. Tavoularis SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Kirby met the criteria for a disability support pension under the *Social Security Act 1991* (Cth), specifically concerning the assessment of his impairments and their impact on his functional capacity. This involved determining the appropriate application of the Impairment Tables and the assessment of his ability to work.

The Tribunal considered the evidence presented, including medical reports and vocational assessments, to evaluate the severity and impact of Kirby's impairments. The SM applied the principles of the *Social Security Act 1991* (Cth) and relevant case law concerning the assessment of disability for pension purposes, focusing on whether Kirby's impairments resulted in a 20-point or more impairment rating under the Impairment Tables and whether he was unable to work in any capacity. The Tribunal found that Kirby did not meet the threshold for the disability support pension.