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

This matter concerned an appeal by Mr Kostidis against a decision of the Secretary of the Department of Social Services (DSS) to refuse his application for a disability support pension. The appeal was heard by Dr Damien Cremean, Senior Member, of the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine whether Mr Kostidis satisfied the requirements for a disability support pension under the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to consider whether Mr Kostidis had a continuing inability to work in any capacity for at least 35 hours per week, as required by section 94(1)(b) of the Act, and whether he had a severe impairment that would prevent him from undertaking any form of work, as required by section 94(1)(c) of the Act.

In reaching its decision, the Tribunal considered the medical evidence provided by Mr Kostidis and the DSS. The Tribunal found that while Mr Kostidis suffered from certain medical conditions, the evidence did not establish that these conditions resulted in a severe impairment that would prevent him from undertaking any form of work. The Tribunal noted that the medical reports did not provide sufficient detail regarding the functional impact of his conditions on his capacity to work, nor did they demonstrate that he had undertaken all reasonable steps to seek treatment or rehabilitation. Consequently, the Tribunal concluded that the requirements of sections 94(1)(b) and 94(1)(c) of the Act were not met.

The Tribunal affirmed the decision of the Secretary, Department of Social Services.