Dasari and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the application of Ms. Dasari for access to the National Disability Insurance Scheme (NDIS). The dispute concerned whether Ms. Dasari met the NDIS access criteria, specifically regarding the permanency of her physical impairments and whether these impairments resulted in a substantially reduced functional capacity in relevant domains. The Tribunal also considered whether Ms. Dasari had impairments attributable to a psychosocial disability that met the access criteria.

The legal issues before the Tribunal were whether Ms. Dasari's impairments, arising from osteoarthritis and complex regional pain syndrome (CRPS) following bilateral knee replacement, were permanent and resulted in a substantially reduced functional capacity. Additionally, the Tribunal had to determine if any psychosocial disability was present, permanent, and led to a substantially reduced functional capacity in a relevant domain, all of which are prerequisites for NDIS access under the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal's reasoning focused on the evidence presented regarding Ms. Dasari's recovery from bilateral knee surgery. While acknowledging her physical impairments, including pain, loss of strength, and reduced movement, the Tribunal found that the recovery period was within expected parameters for such surgery, even if prolonged. The Tribunal was not satisfied that the impairments were permanent, noting that osteoarthritis is a progressive disease and that Ms. Dasari's current functional limitations, such as difficulty with bathroom scrubbing, heavy lifting, and cutting toenails, did not meet the threshold for a substantially reduced functional capacity in the required domains. The Tribunal also found that Ms. Dasari's evidence regarding her inability to perform tasks like changing bed linen was not credible, given her observed mobility.

Consequently, the Tribunal affirmed the decision under review, finding that Ms. Dasari had not met the disability or early intervention requirements for NDIS access. The Tribunal noted that Ms. Dasari could make a further application if her functional capacity changed in the future, provided she applied before turning 65 years of age.