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

The Administrative Appeals Tribunal (AAT) considered the case of Paiker and the Secretary, Department of Social Services. The dispute concerned the applicant's eligibility for a disability support pension (DSP). The applicant sought a review of a previous AAT decision that affirmed the Department's decision to refuse the pension.

The primary legal issue before the Tribunal was whether the applicant met the qualification criteria for a DSP under section 94(1) of the *Social Security Act 1991* (Cth) during the relevant qualification period. This involved determining if the applicant had a physical, intellectual, or psychiatric impairment that was fully diagnosed, treated, and stabilised, attracted an impairment rating of 20 points or more under the applicable Impairment Tables, and resulted in a continuing inability to work.

The Tribunal's reasoning focused on assessing the applicant's medical conditions, including rheumatoid arthritis, peripheral neuropathy, and depression, against the criteria set out in the *Social Security Act 1991* and the relevant Impairment Tables. The Tribunal found that the applicant did indeed suffer from a severe impairment rating. The Tribunal set aside the previous decision and substituted its own decision.