Tralongo and National Disability Insurance Agency

This matter concerned an application for review of a decision by the National Disability Insurance Agency (NDIA) to refuse access to the National Disability Insurance Scheme (NDIS) for Ms Tralongo. The dispute centred on whether Ms Tralongo met the disability requirements for access to the NDIS, specifically concerning the nature and permanency of her impairments. The case was heard by I Thompson M.

The legal issues before the Tribunal were whether Ms Tralongo had a disability attributable to one or more intellectual, cognitive, neurological, sensory, or physical impairments, and whether these impairments were, or were likely to be, permanent, as required by section 24 of the NDIS Act. The Tribunal also considered the evidence regarding Ms Tralongo's medical condition, Churg-Strauss Vasculitis (also known as EGPA), and her concerns about available treatments.

The Tribunal reasoned that the NDIS Act focuses on the impairments a person experiences and their functional capacity, rather than the diagnosis itself. While acknowledging that Ms Tralongo suffered from EGPA, a serious physical impairment, the Tribunal found that the evidence did not establish that her impairments were likely to be permanent. The Tribunal noted that Ms Tralongo was 67 years old and that her general medical practitioner had discussed accessing aged care funding, which Ms Tralongo had declined.

Ultimately, the Tribunal affirmed the NDIA's reviewable decision, finding that Ms Tralongo did not meet the criteria for requiring support under the NDIS for her lifetime and was therefore not eligible to reapply.