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

This matter concerned an appeal by Mr Obst against a decision of the Secretary of the Department of Social Services, which affirmed an earlier decision to refuse Mr Obst a disability support pension. The appeal was heard by Deputy President K Bean of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Obst met the requirements of subsection 94(1)(b) of the Social Security Act 1991 (Cth) during the relevant assessment period. This subsection requires that a person have a continuing inability to work due to a mental or physical impairment, and that the impairment be fully diagnosed, treated, and stabilised.

Deputy President Bean found that Mr Obst did not meet the criteria of subsection 94(1)(b) of the Act. Consequently, it was not necessary to consider the further requirement of a continuing inability to work under subsection 94(1)(c). The Tribunal was therefore obliged to affirm the decision under review. The decision under review was affirmed.