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

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant concerning the cancellation of their disability support pension. The dispute centred on whether the applicant's medical conditions met the criteria for receiving the pension, specifically regarding the severity and permanence of their impairments and their continuing inability to work.

The primary legal issue before the Tribunal was to determine if the applicant's medical conditions attracted a sufficient impairment rating under the relevant legislation, and whether these conditions were fully diagnosed, treated, stabilised, and permanent. The Tribunal also had to assess whether these factors collectively demonstrated a continuing inability to work, as required for the disability support pension.

The Tribunal applied the principles established in *Bobera and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs* regarding the assessment of medical conditions at the time of the application for the pension, noting that subsequent progression of an illness does not justify awarding a pension based on changed circumstances. The Tribunal accepted that the applicant's upper limb conditions were fully diagnosed, treated, stabilised, and permanent, and that these conditions were impairments for the purposes of the Act. However, the Tribunal found that the applicant had not satisfied the requirements of the relevant legislative subsections concerning a continuing inability to work, and therefore did not have a "severe impairment" as defined by the Act.

Consequently, the Tribunal affirmed the decision under review, meaning the cancellation of the disability support pension was upheld.