The National Disability Insurance Scheme (NDIS) Appeals Program was designed to provide support to the Applicant (person with disability), when seeking a review of a decision made by The National Disability Insurance Agency (NDIA).
An internal review needs to be explored as a first step, however, if the Applicant is not satisfied with that outcome, then the NDIS Appeals Program supports an Applicant to have the decision reviewed by an external agency; the Administrative Review Tribunal (ART), formally known as the Administrative Appeals Tribunal (AAT).
To access the NDIS Appeals Program, an Applicant must have already received an outcome from the NDIA internal review and have then lodged an application for an Administrative Review Tribunal review within 28 days of receiving the NDIA decision.
Relevant Links and Information:
Reviewable Decisions: https://www.ndis.gov.au/participants/request-review-decision
Application for an NDIA Internal Review: https://www.ndis.gov.au/applying-access-ndis/how-apply/receiving-your-access-decision/internal-review-decision
Application for an External ART Review: https://www.art.gov.au/applying-review/national-disability-insurance-scheme
How Our Occupational Therapists Can Help with an NDIA Appeal
Independent OT Medico Legal is generally engaged by the National Disability Insurance Agency NDIA or by legal representation acting on behalf of the NDIA. We have also been engaged by Legal Aid WA to act on behalf of the Applicant prior to an Administrative Review Tribunal conference or hearing.
Our role in the review process is to undertake an independent and comprehensive assessment of the Applicant and provide a report which details the functional ability of the individual across the domains of: Communication, Social Interaction, Learning, Mobility, Self-Care, and Self-Management.
Why Choose Independent OT Medico Legal for Your NDIA Appeal?
After completing scores of these assessments and reports, we have observed that many of the conditions suffered by the Applicants undergoing an Appeal are fluctuating conditions, psychological disorders, or less known physical conditions that are complex and variable in their presentation. Or an Applicant may have multiple diagnoses with different or overlapping impairments.
A report provided as part of the NDIA Appeal process needs to be very specific and clearly outline the extent of the functional limitation(s) (or impairments) experienced by the Applicant as a result of one or more conditions.
At Independent OT Medico Legal, our occupational therapists have extensive clinical experience and expertise in working with people who live with complex conditions, including physical conditions, cognitive issues and psychological injuries, and will work to establish a rapport with each person before embarking on any in depth clinical interviews. All Independent OT Medico Legal occupational therapists are trauma informed and whilst our role requires detailed discussion and assessment, the individual’s mental health is always considered throughout the assessment process. This is essential to our practice as it allows the Applicant to relax, feel safe, and discuss the full impact of their physical, cognitive and/ or psychological injuries in sufficient detail so that we can make a comprehensive evaluation.
We encourage the presence of a support person in all assessments, for both the provision of emotional support for the person being assessed, and to also provide additional information.
Independent OT Medico Legal has a proven track record of writing reports that provide the NDIA with the information they require to make an informed decision; separating out the various functional issues and clearly detailing the functional limitations (or impairments) that can be attributed to each diagnosis.
When a resolution cannot be reached and the dispute proceeds to the Administrative Review Tribunal, our occupational therapists have provided expert witness testimony at tribunal hearings to assist the Tribunal Member to make an informed decision.
Frequently Asked Questions about NIDA Appeals
After assessment, reports are typically ready for release within 2-3 weeks.
Absolutely. We assist applicants at any stage of the appeals process, including providing independent assessments and expert witness testimony before ART conferences or hearings.
Yes, we support applicants seeking reviews of their NDIS plans by conducting independent assessments. Our reports provide detailed evaluations of functional abilities, which are crucial for NDIA and ART decision-making.
Yes. Many applicants we assist have complex conditions with multiple or overlapping impairments. Our occupational therapists are experienced in handling cases that require the addressing of multiple decisions or diagnoses during the appeals process.
Yes, we collaborate with legal representatives acting on behalf of both the NDIA and Applicants. Our team provides comprehensive assessments and expert reports to support cases before the Administrative Review Tribunal.
Contact Us Today for Advice or to Make a Referral
Need expert support for an NDIA appeal? Our experienced team is ready to assist with independent assessments and comprehensive reports. Call us, email your inquiry, or make a referral today.