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

The Administrative Appeals Tribunal considered the appeal of Ozcan against a decision by the Secretary, Department of Social Services concerning the applicant's eligibility for a disability support pension (DSP). The core of the dispute revolved around whether the applicant suffered a 20-point impairment in relation to either a spinal condition or a psychiatric condition, which is a threshold requirement for receiving the DSP.

The Tribunal was required to determine whether the applicant met the criteria for a severe psychiatric impairment as defined by section 94(3B) of the relevant social security legislation. This involved assessing the severity and likely duration of the psychiatric condition, and its impact on the applicant's capacity to perform work independently of a support program. The Tribunal also had to consider the issue of portability of the pension.

In its reasoning, the Tribunal found, based on the medical evidence before it, that the applicant was indeed suffering from a severe psychiatric impairment. The Tribunal concluded that this impairment was likely to persist for at least five years, and probably indefinitely, and would in all probability prevent the applicant from performing any work independently of a support program within the next five years. Consequently, the Tribunal set aside the decision under review and substituted a new decision to reinstate the applicant's DSP and grant unlimited portability.