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

This matter concerned an appeal by Mrs. Ngo against a decision of the Social Security Appeals Tribunal affirming the Secretary of the Department of Social Services' determination that she was not qualified for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mrs. Ngo's medical condition met the criteria for permanent impairment as defined by the relevant legislation.

The legal issues before the Tribunal were whether Mrs. Ngo's neck pain and associated symptoms constituted a "severe impairment" and, crucially, whether this condition was "permanent" within the meaning of section 94 of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to consider the requirements of Rule 6(4) of the Impairment Tables, which stipulates that a condition must be fully diagnosed, fully treated, and fully stabilised to be considered permanent.

The Tribunal considered medical evidence detailing Mrs. Ngo's chronic neck and arm pain, including reports indicating severe right C6 neural foraminal stenosis. Mrs. Ngo provided extensive evidence of the debilitating impact of her pain on her daily life, requiring significant assistance from her husband and daughter. However, the Tribunal found that the medical evidence did not establish that her condition was fully stabilised. While she had undergone spinal fusion surgery and received other treatments, the ongoing nature of her pain and the need for further diagnostic imaging suggested that her condition had not reached a point of stability as required by the legislation. Consequently, the Tribunal affirmed the decision that Mrs. Ngo was not qualified for a DSP.