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

This matter concerned an appeal by Mr Tongue against a decision by the Secretary of the Department of Social Services to cancel his disability support pension. The central dispute revolved around whether Mr Tongue's impairments attracted a rating of 20 or more points under the relevant impairment tables during the qualification period, as required for the continued receipt of the pension. The case was heard by D K Grigg M.

The court was required to determine whether Mr Tongue's various medical conditions, including cardiomyopathy, neuropathy, glaucoma, cataract, hernia, gout, and depression/anxiety, constituted impairments as defined by the Act and, if so, whether these impairments, when assessed against the relevant tables, resulted in an impairment rating of 20 points or more. A key legal issue was the proper assessment of impairment where a diagnosed condition had no functional impact, and the evidentiary requirements for diagnosing and rating mental health conditions.

The court considered extensive medical evidence from various practitioners dating back to 2003. It was noted that where a diagnosed condition results in no impairment, a zero rating must be assigned. The court found that Mr Tongue suffered from Cardiomyopathy/Atrial Fibrillation, Neuropathy, and Glaucoma/Cataract impairments. However, the court determined that his hernia and gout conditions had minimal or limited impact and were therefore not considered impairments under the Act. Regarding his mental health conditions, the court found a lack of sufficient evidence of a diagnosis by a qualified medical practitioner prior to the qualification date, and no corroborating evidence of functional impact, thus preventing an impairment rating from being assigned.

Ultimately, the court concluded that Mr Tongue's impairments did not attract an impairment rating of 20 or more points. The decision of the Secretary to cancel the disability support pension was affirmed.