Hodges-Fong and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Ms Hodges-Fong against a decision by the Secretary of the Department of Social Services to reject her application for a disability support pension. The appeal was heard by Dr I Alexander, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether Ms Hodges-Fong's impairments, specifically relating to the functional impact of her left arm following a mastectomy and a mental health condition, met the criteria for a disability support pension under the relevant legislation, particularly concerning the requirement that impairments be fully diagnosed, treated, and stabilised. The Tribunal was also required to consider the application of the Impairment Tables to Ms Hodges-Fong's conditions.

The Tribunal considered medical evidence regarding Ms Hodges-Fong's left arm impairment, noting that while she reported persistent pain and difficulty with various tasks, the corroborative medical evidence was incomplete and did not provide a satisfactory assessment. Despite these limitations, the Tribunal was satisfied that Ms Hodges-Fong suffered a permanent mild functional impairment in the use of her hands and arms, warranting a rating of 5 points under Impairment Table 2. Regarding her mental health condition, diagnosed as Major Depressive Disorder and anxiety, the Tribunal found that while the condition was diagnosed during the claim period, it was not fully treated and stabilised, preventing a rating under Impairment Table 5. The Tribunal also found no functional impact from hypertension during the claim period.

Ultimately, the Tribunal was not satisfied that Ms Hodges-Fong had an impairment of 20 points or more under the Impairment Tables, and therefore she did not qualify for a disability support pension. The decision under review was affirmed.