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

This matter concerned an appeal by Mr Oklobdzija against a decision by the Secretary, Department of Social Services, regarding his eligibility for a disability support pension. Mr Oklobdzija, who was too unwell to attend in person and gave evidence by telephone, had been diagnosed with pulmonary hypertension and right heart failure, conditions that had progressively deteriorated since 2008. He had been made redundant from his employment in late 2013 and required significant assistance with daily living activities.

The central legal issue before the Tribunal was whether Mr Oklobdzija met the criteria for a disability support pension under section 94 of the *Social Security Act 1991*. Specifically, the Tribunal had to determine if his physical impairment qualified for 20 or more points under the Impairment Tables, and if he had a continuing inability to work. The Tribunal also considered the definition of "severe impairment" under section 94(3B), which requires 20 or more points under a single Impairment Table.

The Tribunal, noting the initial medical information was insufficient, adjourned the hearing to obtain further evidence. It directed the Secretary to procure Mr Oklobdzija's complete medical history from the Royal Melbourne Hospital. Upon receiving over 860 pages of electronic records, the Tribunal Member, who possessed medical qualifications in cardiothoracic surgery, summarised and analysed the data. This analysis, which included an interpretation of the extensive medical records pertaining to Mr Oklobdzija's pulmonary hypertension and related conditions, was then provided to the Secretary.