Shaw and National Disability Insurance Agency

This matter concerned an application for access to the National Disability Insurance Scheme (NDIS) by Ms Bree Shaw. Ms Shaw sought access on the basis of a primary disability of Complex Regional Pain Syndrome (CRPS) and a secondary disability of Functional Neurological Disorder (FND), stemming from a workplace injury in August 2019. The National Disability Insurance Agency had refused her application, and the decision was under review by the Tribunal.

The Tribunal was required to determine whether Ms Shaw met the eligibility requirements for NDIS access, specifically whether she satisfied either the disability requirements or the early intervention requirements. This involved assessing whether her impairments were permanent, likely to be permanent, or likely to result in the early intervention requirements being met. The Tribunal also needed to consider whether the supports Ms Shaw required were more appropriately funded through another service system.

In its reasoning, the Tribunal acknowledged Ms Shaw's clear evidence of her CRPS diagnosis and the significant impairments she experienced since her injury, which had negatively impacted her quality of life. The Tribunal accepted the evidence provided by Ms Shaw and her husband regarding the substantial support she received. Crucially, the Tribunal found that Ms Shaw had established that there were no known, available, and appropriate evidence-based treatments likely to remedy her impairments, indicating their permanence. The Tribunal considered the recommendations from occupational therapists regarding supports for mobility, self-care, and community access, noting Ms Shaw's desire for independence.

Ultimately, the Tribunal affirmed the decision under review.