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

This matter concerned an application for a review of a decision regarding eligibility for a disability support pension (DSP). The applicant sought to challenge a decision that affirmed an earlier determination that she did not meet the qualification criteria for a DSP. The case was heard by M Evans-Bonner SM.

The primary legal issues before the Tribunal were whether the applicant suffered from a physical, intellectual, or psychiatric impairment, and if so, whether this impairment was fully diagnosed, treated, and stabilised, attracting a rating of 20 points or more under the relevant Impairment Tables. Additionally, the Tribunal had to determine if the applicant had a continuing inability to work. These criteria are stipulated in section 94(1) of the *Social Security Act 1991* (Cth) for qualification for a DSP.

The Tribunal considered the evidence presented, including documentary material and the applicant's testimony. The applicant had previously been awarded 10 points for a knee condition under Impairment Table 3 – Lower Limb Function. However, the Tribunal's assessment focused on whether the applicant's impairments, in aggregate, met the threshold of 20 points and whether she had a continuing inability to work. The Tribunal affirmed the previous decisions, finding that the applicant did not meet the necessary criteria for a DSP.