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

This matter concerned an appeal by Mr. Smolski against a decision of the Secretary of the Department of Social Services. The dispute centred on the eligibility of Mr. Smolski for a disability support pension, specifically whether he met the criteria for severe impairment. The appeal was heard by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr. Smolski satisfied the impairment threshold for a disability support pension under the *Social Security Act 1991* (Cth). This involved assessing whether his impairments, assessed under the Social Security Impairment Tables, resulted in a level of functional capacity that met the legislative requirements for severe impairment.

Miss Shanahan Member applied the principles established in *Secretary, Department of Social Security v Astill* and *Secretary, Department of Social Security v De Vos*, which require a holistic assessment of a person's functional capacity, considering all their impairments together. The Member found that while Mr. Smolski had several diagnosed conditions, the evidence did not establish that these impairments, when considered cumulatively, resulted in a severe functional impairment as defined by the Act. The assessment focused on the impact of the impairments on Mr. Smolski's ability to work and participate in the community, concluding that the threshold for severe impairment was not met.