O'Halloran and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr O’Halloran against a decision of the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was whether Mr O’Halloran satisfied the criteria for a Disability Support Pension under paragraph 94(1)(b) of the *Social Security Act 1991* (Cth). This required the Tribunal to determine if Mr O’Halloran’s conditions were fully diagnosed, treated, and stabilised, and if he had an impairment rating of at least 20 points.

The Tribunal found that Mr O’Halloran’s overall impairment rating was 10 points, which fell short of the required 20 points. Consequently, he did not satisfy paragraph 94(1)(b) of the Act. As the three elements of section 94(1) are cumulative, the Tribunal concluded there was no need to consider the third element concerning continuing inability to work. The Tribunal affirmed the decisions under review.