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

This matter concerned an appeal by Mr Shaw against a decision of the Secretary of the Department of Social Services affirming a determination that he was not qualified for a disability support pension. The Administrative Appeals Tribunal (AAT) was required to consider whether Mr Shaw met the criteria for the pension, specifically concerning his physical, intellectual, or psychiatric impairment and his continuing inability to work.

The central legal issues before the AAT were whether Mr Shaw's conditions, including a neck disorder and hypercholesterolemia, were fully diagnosed, treated, and stabilised, and whether these conditions resulted in an impairment rating of 20 or more points under the relevant Social Security Act criteria. The AAT also had to determine if, as a consequence of these impairments, Mr Shaw had a continuing inability to work in any capacity.

The AAT considered the evidence presented, including medical reports and the findings of a Job Capacity Assessment. It applied the legal principles established for assessing disability support pension eligibility, focusing on the requirement for a severe impairment that is permanent and prevents any form of work. The Tribunal found that while Mr Shaw had diagnosed conditions, they did not meet the threshold for a 20-point impairment rating, nor did they establish a continuing inability to work in accordance with the legislative requirements.

Consequently, the AAT affirmed the decision of the Secretary, finding that Mr Shaw was not qualified for a disability support pension.