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

This matter concerned an appeal by Mr Zaporowski against a decision by the Secretary of the Department of Social Services to refuse his claim for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Zaporowski's medical conditions met the eligibility criteria for the DSP as set out in the *Social Security Act 1991* (Cth). The case was heard by Professor Ann O'Connell SM.

The legal issues before the Tribunal were whether Mr Zaporowski's impairments were fully diagnosed, treated, and stabilised, and whether these impairments, when rated under the Impairment Tables, amounted to 20 points or more under a single heading. Crucially, the Tribunal also had to determine if Mr Zaporowski had a continuing inability to work, as defined by the Act, which requires consideration of whether the impairment alone is sufficient to prevent work for at least 15 hours per week within the next two years, and whether participation in a program of support was necessary or likely to be effective.

The Tribunal's reasoning focused on the interpretation of the legislative framework governing DSP eligibility, particularly sections 94 and related provisions concerning the Impairment Tables and the definition of a "continuing inability to work." It considered extensive medical evidence, including reports on spinal conditions, nerve neuropathy, osteoarthritis, and psychological injury, alongside Job Capacity Assessment Reports and Medical Eligibility Assessment reports. The Tribunal found that Mr Zaporowski's conditions were sufficiently diagnosed, treated, and stabilised, and that his impairments, when assessed under the Impairment Tables, met the threshold of 20 points or more under a single heading. Furthermore, it was satisfied that his impairments alone were sufficient to prevent him from undertaking work for at least 15 hours per week.

Consequently, the Tribunal set aside the previous decision and substituted a new decision finding that Mr Zaporowski met the eligibility requirements for the DSP at the date of his claim, 17 June 2021.