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

This matter concerned an appeal by Mitchell against a decision of the Secretary of the Department of Social Services affirming a determination that he was not eligible for a disability support pension. The Administrative Appeals Tribunal (AAT) was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether Mitchell met the criteria for a severely disabled person under the *Social Security Act 1991* (Cth), particularly in light of the application of the *Social Security (International Agreements) Act 1999* (Cth). This involved assessing whether his impairments, when considered in conjunction with any applicable international agreements, rendered him unable to work.

The Tribunal considered the evidence regarding Mitchell's medical conditions and their impact on his capacity to work. It applied the relevant legislative provisions and the established principles for assessing disability for the purposes of a disability support pension. The Tribunal found that, on the evidence presented, Mitchell did not satisfy the severity requirements for the pension.

Consequently, the Tribunal affirmed the decision under review, meaning Mitchell's application for a disability support pension was unsuccessful.