Dzajkovska and National Disability Insurance Agency

This matter concerned an application for access to the National Disability Insurance Scheme (NDIS) by Mrs Dzajkovska. Mrs Dzajkovska sought access to the NDIS to receive ongoing medical treatment for chronic low back pain and depression, which she stated were intended to prevent her conditions from deteriorating and to postpone the need for surgery. The National Disability Insurance Agency had refused her application, and Mrs Dzajkovska sought review of this decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mrs Dzajkovska met the eligibility criteria for the NDIS under either section 24 or section 25 of the *National Disability Insurance Scheme Act 2013* (Cth). Specifically, the Tribunal had to consider whether her disability was attributable to one or more impairments, whether those impairments were permanent or likely to be permanent, and whether they resulted in a substantially reduced functional capacity to undertake activities or psychosocial functioning. The Tribunal also had to assess whether she met the early intervention requirements under section 25.

The Tribunal found that while Mrs Dzajkovska had impairments attributable to chronic mechanical lower back pain, left hip pain, left-sided mechanical knee pain, and depression secondary to chronic pain, she did not satisfy the criteria under section 24. The evidence did not establish that her impairments were permanent or likely to be permanent, nor that they resulted in a substantially reduced functional capacity to undertake activities or psychosocial functioning. Furthermore, the Tribunal determined that Mrs Dzajkovska did not meet the early intervention requirements under section 25.

Consequently, the Tribunal affirmed the National Disability Insurance Agency's decision to refuse access to the NDIS.