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

The Administrative Appeals Tribunal considered the application of Mr. Rychtowski for a disability support pension, which had been rejected by the Secretary of the Department of Social Services. The central dispute concerned whether Mr. Rychtowski met the eligibility criteria for the pension, specifically in relation to his claimed impairment from trigeminal neuralgia.

The Tribunal was required to determine whether Mr. Rychtowski suffered from a physical, intellectual, or psychiatric impairment as defined by section 94(1)(a) of the relevant social security legislation. Further, the Tribunal had to assess if any such impairment resulted in a rating of 20 points or more under section 94(1)(b), and crucially, whether he had a continuing inability to work as stipulated in section 94(1)(c).

In its reasoning, the Tribunal concluded that Mr. Rychtowski's impairment rating was 15 points. This assessment fell short of the 20-point threshold mandated by the legislation for qualification for a disability support pension. Consequently, the Tribunal affirmed the decision under review.