The National Disability Insurance Scheme (NDIS) was established to provide Australians with disabilities the support they need to live fulfilling lives. However, the system is not without its challenges, as highlighted by the case of Veronica Stephan-Miller, a 54-year-old Melbourne resident whose fight to maintain her NDIS support has raised significant legal questions about the agency’s processes.
Stephan-Miller, who lives with fibromyalgia, chronic fatigue syndrome, ischaemic heart disease, ankylosing spondylitis, and relies on a wheelchair, has been embroiled in a battle with the National Disability Insurance Agency (NDIA) since 2023. Her struggle began when she requested a review of her plan due to a change in her circumstances, leading to a protracted negotiation over her eligibility.
The financial and emotional toll of this process has been immense. Stephan-Miller turned to crowdfunding to afford the assessments required to prove her eligibility, a burden that should not fall on the shoulders of those the NDIS is meant to support. The emotional strain led to a point where she stopped eating, highlighting the severity of her situation
The administrative review tribunal’s recent decision to allow Stephan-Miller to continue accessing the NDIS while she appeals the agency’s decision to remove her from the scheme raises concerns about the NDIA’s approach. The tribunal described the agency’s process as ‘troubling’, questioning the lawfulness of requiring participants to provide renewed evidence of their eligibility before revoking access.
The tribunal’s decision underscores the importance of good procedure and solid evidence when dealing with the removal of benefits from vulnerable individuals. It also challenges the reversal of the onus of proof onto recipients, suggesting that the NDIA should be responsible for obtaining evidence before revoking access.
The decision follows a statement by Scott McNaughton, the NDIA acting chief executive, during Senate estimates in November, where he revealed that the agency was reviewing the eligibility of about 1,200 NDIS participants weekly, with nearly half having their access revoked.
Jeff Smith, CEO of Disability Advocacy Network Australia, expressed concerns about the widespread fear and anxiety regarding NDIS eligibility due to recent legislative changes. He pointed out that the tribunal’s decision showed the NDIA needs to slow down, as it proceeded with a revocation despite unclear eligibility. While acknowledging the agency’s cultural improvements, Smith highlighted that a ‘cultural problem’ still exists in some areas, urging a more cautious approach to ensure people with disabilities are not left behind.
With the federal cabinet undergoing a reshuffle, as NDIS Minister Bill Shorten steps down and Social Services Minister Amanda Rishworth assumes the NDIS portfolio, addressing ongoing issues within the agency becomes crucial. While an NDIA spokesperson emphasised that no changes have been made to the eligibility assessment process and that decisions are in line with the NDIS Act, the tribunal’s findings indicate that these procedures may require reevaluation. The spokesperson also noted that they could not comment on Stephan-Miller’s case as the tribunal has yet to issue a final ruling on her eligibility.
Stephan-Miller expressed hope that the tribunal’s interim decision would inspire others facing similar challenges. ‘I don’t know if I’m still eligible with all the changes they’ve made [to the NDIS], but… how they’ve handled things with me, they did the wrong thing,’ she said.
For those who have experienced similar challenges, how have you managed the process of maintaining your support? Share your experience in the comments – your story could help others navigate these complexities.
Also read: Australians with disability are 4 times more likely to die early – often not due to their disability
