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

This matter concerned an appeal by Mr Morton against a decision by the Department of Social Services to cancel his Disability Support Pension (DSP). The Department had determined that Mr Morton did not meet the qualification criteria for DSP, specifically that his impairments did not attract a rating of 20 or more points under the relevant Impairment Tables as required by section 94(1)(b) of the *Social Security Act 1991* (the Act). This decision had been affirmed by an Authorised Review Officer and subsequently by the Administrative Appeals Tribunal (AAT) at first instance. The current hearing before the Tribunal was a review of the AAT's decision.

The primary legal issue before the Tribunal was whether Mr Morton's impairments, assessed as at 24 July 2015, attracted a rating of 20 or more points under the Impairment Tables, and consequently, whether he was qualified for DSP on that date. The Tribunal was required to assess Mr Morton's condition at the specific point in time when his DSP was cancelled, rather than speculating on future progression of his degenerative conditions.

The Tribunal found that while Mr Morton had degenerative conditions, the medical evidence indicated that surgical intervention was not yet medically justified. Furthermore, his other medical conditions, such as diabetes, hypertension, and hypothyroidism, were well-managed and caused minimal functional impairment, attracting a zero rating under the Impairment Tables. Consequently, Mr Morton was allocated a total of 15 points under the Impairment Tables. As this fell short of the required 20 points under section 94(1)(b) of the Act, the Tribunal concluded that Mr Morton was not qualified for DSP on 24 July 2015. It was therefore unnecessary to consider the further requirement of a continuing inability to work under section 94(1)(c) of the Act.

The Tribunal affirmed the original decision that Mr Morton was not qualified for DSP.