Saeed and National Disability Insurance Agency

This matter concerned an application for access to the National Disability Insurance Scheme (NDIS) by Mr Saeed. The National Disability Insurance Agency had refused his application, and Mr Saeed sought review of that decision before the Administrative Appeals Tribunal. The Tribunal was required to determine whether Mr Saeed met the criteria for access to the NDIS, specifically whether he had a disability that substantially impacted his functional capacity or met the early intervention requirements.

The Tribunal considered the evidence presented, including a supporting evidence form from Mr Saeed's general practitioner, Dr Jennifer Young. Dr Young described Mr Saeed's primary impairment as persistent scapular and spinal pain secondary to central sensitisation, along with adjustment disorder with anxiety and depression. While Dr Young indicated Mr Saeed required some assistance with social interactions, dealing with outside responsibilities, and mobility in the community, the Tribunal found this evidence was not sufficiently detailed or corroborated by other evidence. Specifically, there was no evidence that Mr Saeed required assistance with mobility at home or used public transport, and he confirmed in oral evidence that he could drive himself to appointments and for shopping. Regarding self-care, Dr Young mentioned a "minor reduction" in showering and dressing, but provided no further elaboration.

The Tribunal applied the principle that the applicant bears the onus to adduce sufficient evidence to satisfy the Tribunal that the NDIS access criteria are met. Based on the evidence before it, the Tribunal was not positively satisfied that Mr Saeed met either the disability requirements or the early intervention requirements of the NDIS Act. Consequently, the Tribunal affirmed the decision under review.