Sharma and National Disability Insurance Agency

This matter concerned an application by Mr. Sharma for review of a decision by the National Disability Insurance Agency (NDIA) to refuse his access to the National Disability Insurance Scheme (NDIS). The dispute centred on whether Mr. Sharma met the eligibility criteria for the NDIS, specifically concerning the nature and permanence of his impairments. The Administrative Appeals Tribunal (AAT) considered the evidence presented by Mr. Sharma and the NDIA.

The primary legal issues before the Tribunal were whether Mr. Sharma's impairments, including chronic post-traumatic stress disorder, chronic major depression, and somatic symptom disorder with predominant pain, were permanent or likely to be permanent, and whether these impairments resulted in a substantially reduced functional capacity. The Tribunal was also required to consider whether the impairments met the early intervention requirements of the NDIS Act.

The Tribunal reasoned that the evidence established that Mr. Sharma had developed a range of symptoms impairing his physical and psychosocial functioning since a motor vehicle accident in 2010. These included social withdrawal, depression, anxiety, low self-esteem, sleep difficulties, memory and concentration issues, and chronic pain affecting his neck, back, and limbs. The Tribunal found that these symptoms contributed to physical deconditioning and restricted his ability to participate in personal and community life. Applying the principles from *Davis*, the Tribunal determined that Mr. Sharma's impairments were of an enduring nature, meaning they were permanent or likely to be permanent, and thus met the requirements of section 24(1)(a) and (b) of the NDIS Act.

The Tribunal affirmed the NDIA's decision that Mr. Sharma did not meet the access criteria for the NDIS.