O'Keeffe and National Disability Insurance Agency

This matter concerned an application by Mr O’Keeffe for access to the National Disability Insurance Scheme (NDIS), with the dispute centering on whether his impairments, including chronic pain and degenerative spinal disease, resulted in a substantially reduced functional capacity to undertake activities of mobility and self-care. The decision was made by Dr Stewart Fenwick, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr O’Keeffe met the disability requirements under section 24 of the *National Disability Insurance Scheme Act 2013* (Cth). Specifically, the court had to assess if his impairments substantially reduced his functional capacity in relation to mobility and self-care, taking into account the evidence presented regarding his physical limitations, pain levels, and reliance on assistive devices and adaptations.

The Tribunal found that Mr O’Keeffe had a substantial impairment with respect to mobility. This conclusion was based on evidence detailing his struggles with balance, frequent falls, difficulty with transfers, and limited reach for personal hygiene tasks, even when using assistive devices such as a walking stick. The Tribunal considered that Mr O’Keeffe had exhausted reasonable steps to mitigate his functional limitations and that his capacity to move around his home was substantially reduced.

Consequently, the Tribunal set aside the previous decision of the National Disability Insurance Agency dated 15 July 2020 and substituted it with a decision that Mr O’Keeffe meets the disability requirements for participation in the NDIS.