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

This matter concerned an appeal by Mr Verhagen against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's decision.

The central legal issue before the Tribunal was whether Mr Verhagen's impairments were permanent and whether these impairments attracted a score of 20 points or more under the relevant Impairment Tables during the period in question, as required for DSP eligibility.

Member D K Grigg, sitting as the Tribunal, found that the evidence presented did not sufficiently demonstrate that Mr Verhagen's impairments met the threshold for a DSP. The Tribunal noted that the medical evidence did not conclusively establish the permanence of the impairments or their severity in accordance with the Impairment Tables. Consequently, the Tribunal set aside the Secretary's decision.