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

The Administrative Appeals Tribunal (AAT) considered the case of LRVS and the Secretary, Department of Social Services, concerning an application for a Disability Support Pension (DSP). The applicant, who was 50 years and 6 months old at the time of her claim, cited fibromyalgia, neck bone spurs, depression, and diabetes as her medical conditions. The core dispute revolved around whether the applicant met the criteria for a DSP, specifically regarding the severity of her impairments and her continuing inability to work.

The legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric impairment that attracted at least 20 impairment points under the relevant Impairment Tables, and whether she had a continuing inability to work. The Tribunal also considered whether the applicant had participated in a Program of Support, a factor relevant to DSP eligibility.

The Tribunal found that the applicant did have a physical, intellectual, or psychiatric impairment and that these impairments collectively attracted at least 20 points under the Impairment Tables. However, the Tribunal ultimately determined that the applicant did not have a continuing inability to work. Consequently, the Tribunal set aside the previous decision and substituted a new decision finding that the applicant did not satisfy subsection 94(1)(c) of the Social Security Act 1991 and therefore did not qualify for a DSP.