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

This matter concerned an appeal by the applicant, Swift, against a decision of the Secretary of the Department of Social Services to affirm a determination that the applicant was not eligible for a disability support pension. The review was heard by Senior Member P Nolan.

The primary legal issues before the Senior Member were whether the applicant's medical conditions were permanent, whether the applicant had a severe impairment for the purposes of the Social Security Act 1991 (Cth), and whether the applicant had a continuing capacity for work. The Senior Member was also required to consider whether the applicant had participated in a program of support.

The Senior Member found that the applicant's conditions were not permanent and that the applicant did not have a severe impairment. The evidence indicated that the applicant retained a continuing capacity for work, and it was noted that the applicant had not participated in a program of support. Consequently, the decision under review was affirmed.