Sesalim v Secretary, Department of Social Services [2020] FCA 1815

Federal Court of Australia

Sesalim v Secretary, Department of Social Services [2020] FCA 1815 Appeal from: Sisalem and Secretary, Department of Social Services (Social services second review) [2020] AATA 11 (8 January 2020)

File number: VID 81 of 2020

Judgment of: MOSHINSKY J

Date of judgment: 18 December 2020

Catchwords: SOCIAL SECURITY – disability support pension – appeal on a question of law from the Administrative Appeals Tribunal – where the Tribunal concluded that the applicant was not entitled to a disability support pension at the relevant date – whether the Tribunal failed to consider relevant evidence – whether the Tribunal misinterpreted the relevant statute – whether the Tribunal denied the applicant procedural fairness – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Social Security Act 1991 (Cth), ss 23, 26, 94, 1213, 1218AAA Social Security (Administration) Act 1999 (Cth), s 80 Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth), ss 3, 5, 6, 7, 10, 11

Cases cited: Applicant 0108 v Secretary, Department of Social Services [2017] FCA 535 Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472 Prahauser v Administrative Appeals Tribunal [2020] FCA 1658 Sesalim v Secretary, Department of Social Services (2018) 75 AAR 476; [2018] FCA 1159 Sesalim v Secretary, Department of Social Services (No 2) [2018] FCA 1401