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

The Administrative Appeals Tribunal considered the case of Mr Morgan and the Secretary, Department of Social Services, concerning Mr Morgan's eligibility for a Disability Support Pension. The central dispute revolved around whether Mr Morgan met the requirements for unlimited portability of this pension.

The primary legal issue before the Tribunal was whether Mr Morgan possessed a severe impairment, a prerequisite for receiving the Disability Support Pension. The Tribunal was also required to consider, if a severe impairment was found, whether that impairment would prevent Mr Morgan from performing any work independently of a program of support within the next five years.

The Tribunal's reasoning focused on the threshold question of severe impairment. As the Tribunal concluded that Mr Morgan did not have a severe impairment, it found it unnecessary to delve into the further considerations regarding his capacity for work. Consequently, the Tribunal affirmed the decision under review.