TODD and National Disability Insurance Agency

This matter concerned an application for review of a decision by the National Disability Insurance Agency (NDIA) regarding the applicant, Mr Todd's, eligibility for the National Disability Insurance Scheme (NDIS). The dispute centred on whether Mr Todd met the access requirements for the NDIS, specifically concerning his functional capacity. The decision was made by Mr Rob Reitano, a Member of the Tribunal.

The Tribunal was required to determine whether Mr Todd had a "substantially reduced functional capacity" in relation to the NDIS access criteria, and whether he was likely to require the support of the NDIS for his lifetime. This involved assessing whether Mr Todd could participate "effectively or completely" in certain activities, or perform the necessary tasks and actions to do so, and whether he "usually requires assistance." The specific activities under consideration were mobility and self-care.

The Tribunal found that Mr Todd's functional capacity in the activity of mobility was substantially reduced. This conclusion was based on his inability to walk without environmental supports, his need to rest frequently due to pain and fatigue after short distances, and his risk of falling. The Tribunal also considered his difficulties in performing daily tasks involving the use of his limbs and hands, such as cooking and pouring drinks, due to his impairments and essential tremor. Similarly, regarding self-care, the Tribunal accepted that Mr Todd's impairments led to a substantially reduced functional capacity to safely complete tasks required for personal care and maintaining a safe home environment, necessitating assistive technology and assistance from others. The Tribunal was satisfied that Mr Todd would require NDIS support for his lifetime.