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

The Administrative Appeals Tribunal (AAT) considered the appeal of Richwood against a decision by the Secretary of the Department of Social Services concerning Richwood's eligibility for a disability support pension. The core of the dispute revolved around whether Richwood's impairments were permanent and whether these impairments attracted a sufficient level of disability, as measured by the relevant impairment tables, to warrant the pension.

The Tribunal was required to determine two primary legal issues. Firstly, whether Richwood suffered from impairments that were permanent in nature. Secondly, the Tribunal had to assess whether these permanent impairments attracted a rating of 20 points or more under the Impairment Tables, as required by the legislation for the grant of a disability support pension. This assessment was to be made in relation to the period during which Richwood claimed to be unable to work.

In reaching its decision, the Tribunal applied the principles of the *Social Security Act 1991* (Cth) and the relevant Impairment Tables. The Tribunal considered the medical evidence presented regarding Richwood's conditions and their impact on his capacity to work. It was found that while Richwood had impairments, they did not meet the threshold of permanence or the required point score under the Impairment Tables to establish a continuing inability to work for the purposes of the disability support pension. Consequently, the Tribunal affirmed the decision under review.