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

This matter concerned an appeal by Mr Jason Sauer against a decision by the Secretary of the Department of Social Services to refuse his request for unlimited portability of his Disability Support Pension (DSP). Mr Sauer, who had undergone a bilateral above-knee amputation, sought unlimited portability under section 1218AAA of the *Social Security Act 1991* (Cth). The core of the dispute revolved around whether Mr Sauer met the criteria for unlimited portability, specifically concerning the severity and duration of his impairments and his capacity to perform work.

The legal issues before the Tribunal were whether Mr Sauer had a severe impairment, whether that impairment was likely to continue for at least five years, and whether it would prevent him from performing any work independent of a program of support within the next five years, as required by section 1218AAA of the Act. The Tribunal also had to determine the appropriate date from which unlimited portability should be granted, considering the various assessments and medical reports presented throughout the process.

The Tribunal found that insufficient weight had been given to clear medical advice regarding the functional impact of Mr Sauer's conditions. While the Department initially declined the request, and an Authorised Review Officer affirmed that decision, subsequent assessments, particularly a second Job Capacity Assessment (Second JCA) in August 2016, provided compelling information. This report, supported by medical evidence, indicated that Mr Sauer's lower limb condition would worsen and persist beyond five years, and that his mental health condition was permanent. The Tribunal concluded that the Second JCA's findings should have been a significant factor in the initial assessment of Mr Sauer's long-term ability to work.

Consequently, the Tribunal set aside the reviewable decision and substituted its own. It determined that Mr Sauer satisfied the requirements for unlimited portability of his DSP from 30 August 2016, the date the Second JCA report was submitted.