Rossow and National Disability Insurance Agency

This matter concerned an application by Ms Rossow for review of a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme. Ms Rossow contended that she had impairments, including functional neurological disease, major depressive disorder, fibromyalgia/chronic pain syndrome, and post-traumatic stress disorder, which resulted in a substantially reduced functional capacity. The NDIA's decision was under review by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms Rossow met the disability requirements for access to the NDIS, specifically whether her impairments resulted in a substantially reduced functional capacity. This involved considering the evidence presented by Ms Rossow, including her lived experience and the opinions of various medical and allied health professionals, and assessing whether this evidence satisfied the legislative criteria for NDIS access. The Tribunal also considered the relevance and weight of operational guidelines issued by the NDIA, noting that while not binding, they should be considered if consistent with the NDIS Act.

In its reasoning, the Tribunal accepted that Ms Rossow had both physical and psychosocial impairments arising from her conditions, which in combination led to a range of symptoms including functional seizures, pain, fatigue, decreased muscular endurance, motor difficulties, neurological pain, myoclonic jerks, incontinence, vomiting, anxiety, sensory sensitivities, and problems with concentration and focus. The Tribunal found the evidence of Ms Hayes, an occupational therapist who assessed Ms Rossow in person, to be of greater assistance than an earlier online assessment. The Tribunal was satisfied that Ms Rossow had conveyed a comprehensive picture of her lived experience and that her impairments, when considered together, led to a substantially reduced functional capacity.

The Tribunal affirmed the NDIA's decision, finding that Ms Rossow did not meet the disability requirements for access to the NDIS.