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

This matter concerned an application for a disability support pension (DSP) before the Administrative Appeals Tribunal (AAT). The applicant sought to challenge the AAT's previous decision, which affirmed the Secretary of the Department of Social Services' decision to refuse the DSP. The core dispute revolved around whether the applicant met the eligibility requirements for a DSP during the relevant qualification period.

The Tribunal was required to determine whether the applicant suffered from a physical, intellectual, or psychiatric impairment or impairments. Further, if impairments were found, the Tribunal had to assess whether these impairments were fully diagnosed, treated, and stabilised, and if they attracted a rating of 20 points or more under the relevant Impairment Tables. Finally, the Tribunal needed to consider whether the applicant had a continuing inability to work, as stipulated by section 94(1) of the *Social Security Act 1991* (Cth).

The Tribunal considered extensive documentary evidence, including medical certificates, radiology reports, GP management plans, and a letter from an orthopaedic surgeon, as well as oral evidence from the applicant and one of their treating general practitioners. The legal principles applied were those set out in section 94(1) of the *Social Security Act 1991* (Cth), which outlines the criteria for DSP qualification, specifically requiring a diagnosed, treated, and stabilised impairment attracting at least 20 points under the Impairment Tables and a continuing inability to work.