Short and National Disability Insurance Agency

This matter concerned an application by Ms Short against the National Disability Insurance Agency (NDIA) before the Administrative Appeals Tribunal. The dispute centred on Ms Short's eligibility for the National Disability Insurance Scheme (NDIS), specifically whether her conditions, including Hypermobility Syndrome, Fibromyalgia, and Chronic Fatigue, met the criteria for permanent impairment.

The Tribunal was required to determine whether Ms Short satisfied the requirements of sections 24(1)(a), (b), (c), and (d) of the relevant legislation. This involved assessing the permanence of her impairments, the extent to which these impairments substantially reduced her functional capacity in areas such as mobility and self-care, and their impact on her capacity for economic and social participation.

The Tribunal accepted evidence from occupational therapists and medical professionals, including Dr Joshua, that Ms Short's impairments stemming from chronic pain, chronic fatigue, and hypermobility resulted in a substantially reduced functional capacity. Despite some discrepancies in the evidence regarding her mobility, the Tribunal found her impairments affected her ability to undertake mobility and self-care tasks. The Tribunal also found that her impairments impacted her capacity for economic participation, concluding that without these impairments, she would otherwise be able to engage in full-time employment, and that her social participation was also affected. The Tribunal did not accept the NDIA's submission that Ms Short was not a witness of truth, finding her evidence to be generally accurate despite minor memory lapses.

The Tribunal set aside the NDIA's decision and substituted it with a decision that Ms Short satisfied the requirements for access to the NDIS.