Tribunal decision for 54-year-old Veronica Stephan-Miller suggests onus of proof should be on NDIA, not recipient, before revoking benefits
Veronica Stephan-Miller argued at the tribunal that if she had failed to provide requisite evidence, it was because the NDIA had not specifically asked her for what they needed, nor explained the reasons her eligibility had changedVeronica Stephan-Miller argued at the tribunal that if she had failed to provide requisite evidence, it was because the NDIA had not specifically asked her for what they needed, nor explained the reasons her eligibility had changedA tribunal has questioned whether it...
Since 2023, after she requested a review of her plan due to a change in her circumstances, she has been negotiating with the NDIA on her eligibility. A disability pensioner, she struggled with the financial burden of trying to comply with the NDIA’s requests, turning to crowdfunding to pay for some assessments to prove her eligibility.
“The NDIA could have obtained an independent functional assessment of the Applicant in response to this advice, rather than revoking her access,” the tribunal said. “There was no impediment to it doing so … It is arguable that this would have been the best procedural course.” “It is entirely possible, as a matter of law, that it is therefore the NDIA’s responsibility to obtain evidence before revoking an access decision, rather than the Applicant being required to provide it,” the tribunal said.that the agency was reassessing the eligibility of approximately 1,200 NDIS participants every week, and revoking access for nearly half of them.
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Tribunal Questions Legality of NDIS Eligibility RevocationsA tribunal has raised concerns about the National Disability Insurance Agency's (NDIA) practice of requiring participants to provide renewed evidence of their eligibility before revoking their access. The tribunal granted a 54-year-old Melbourne woman, Veronica Stephan-Miller, the right to continue accessing the NDIS while appealing against the agency's decision to remove her from the scheme. The tribunal criticized the NDIA for not seeking further evidence of Stephan-Miller's functional mobility impairments despite internal advice suggesting it was needed. The tribunal questioned the legal basis for the agency reversing the onus of proof onto the recipient when considering revoking benefits.
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