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

The Administrative Appeals Tribunal considered the appeal of O'Neill (the applicant) against the decision of the Secretary, Department of Social Services to cancel his Disability Support Pension. The applicant's pension had been cancelled on the basis that he no longer met the criteria for receiving it.

The Tribunal was required to determine whether the applicant's medical conditions, specifically a spinal disorder and chronic depression, were fully diagnosed, treated, and stabilised at the time of the cancellation of his pension. Furthermore, the Tribunal had to assess whether the applicant's impairments, as assessed against the Impairment Tables, would attract a rating of 20 points or more, as required by the relevant social security legislation.

In reaching its decision, the Tribunal reviewed the medical evidence presented by the applicant and the Department. It applied the principles established in the *Social Security Act 1991* (Cth) concerning the eligibility for a Disability Support Pension, particularly the requirements for conditions to be diagnosed, treated, and stabilised, and the threshold for impairment points. The Tribunal found that the evidence did not establish that the applicant's conditions met the necessary criteria for continued entitlement to the pension at the time of cancellation. Consequently, the Tribunal affirmed the decision to cancel the Disability Support Pension.