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01 May 2024
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At Active Mobility, we believe in empowering individuals with disabilities and improving their quality of life. With all our experience in the mobility industry, we understand how frustrating it can be when an NDIS claim is rejected — that's why we provide comprehensive information on the NDIS appeals process where we can.
If a claim is rejected, the first point of call is the NDIS Appeals Program.
Here, we will walk you through the steps involved in the NDIS appeals process, eligibility criteria, available supports, and how to navigate the Administrative Appeals Tribunal (AAT).
Note: This article is for informational purposes only and should not be considered legal advice. For specific legal guidance, please consult with a qualified professional.
What is the NDIS Appeals Program?
The NDIS Appeals Program is designed to help individuals with a disability seek a review of decisions made by the National Disability Insurance Agency (NDIA). This program supports the appeals process, specifically when appealing to the Administrative Appeals Tribunal (AAT). The aim is to ensure you can access the necessary support when seeking a decision review.
To access the NDIS Appeals Program, you must have already applied to the NDIA for an internal review and received an outcome. Once you have received the outcome of the internal review, you can turn to the NDIS Appeals Program for assistance in undertaking an external review at the AAT.
It is important to note that an application for an AAT review must be made within 28 days of receiving the NDIA decision.
The NDIS Appeals Program offers two types of support for individuals appealing internal NDIA decisions before the AAT:
- Access to a skilled disability advocate or;
- Funding for legal services
These supports are provided free of charge and aim to ensure that you have the necessary resources to navigate the appeals process effectively.
Disability advocates
A skilled disability advocate acts as a support person throughout the appeals process. They can explain the review process, help prepare documents, provide skills to represent yourself better, and even attend AAT conferences and hearings to assist you in presenting your case.
These advocates are also part of the National Disability Advocacy Program (NDAP) and are available in every state and territory.
Legal services
You may also be eligible for legal services through the NDIS Appeals Program. Legal Aid Commissions in each state or territory assess applications and determine eligibility for funding for legal services. These services are available in cases where a wider community benefit and/or disadvantage would benefit from legal representation.
To apply for NDIS Appeals legal services, you will need to submit the necessary documents to the relevant Legal Aid Commission in your state or territory. These documents include:
- The Guidelines for the Assessment of Applications for NDIS Appeals Program Legal Services funding and;
- The Application for NDIS Appeals Program Legal Services
How do I start my application?
The first step is to contact the NDIS Appeals Program in one of the following ways:
- Send an email with supporting evidence to enquiries@ndis.gov.au
- Call 1800 800 110
- Visit an NDIS or partner office
- Complete the Request for a Review of a Decision form, available via the NDIS website.
When requesting an internal review, it is essential to provide relevant information to support your case, including:
- The decision you were expecting.
- Reasons why you believe a different decision should be made.
- Any information previously submitted that you would like reconsidered.
- Any new evidence, like medical or therapy reports, that you believe should be considered.
Reports or letters detailing your disability and its day-to-day impact can be valuable evidence to include in your request. Ensure that all relevant information is provided to support your case effectively.
NOTE: It can take a few days for the NDIS to review the decision.
What should I do if I’m still unhappy with the outcome of the appeal?
If you are not satisfied with the outcome of the internal review, further options are available. You can request an explanation from the NDIA regarding their decision and explore alternative ways to utilise your NDIS plan and access necessary supports.
You can also request an external review from the Administrative Appeals Tribunal. However, it is important to note that an external review can only be sought once the internal review has been completed.
We’re dedicated to ensuring you have access to the resources you need to lead a fulfilling life
We hope this guide sheds some light on the NDIS appeals process, especially if you are having trouble claiming equipment and hiring services from Active Mobility. If you have any questions about the claims process with Active Mobility, please contact us, and our team will be happy to provide as much information as possible to simplify the appeals process.
