Currently in Western Australia we are trialing two disability schemes – a State version called NDIS WA and a Federal version called NDIS.

The Federal version is being trialed in the Perth Hills where Midlas is located and supports people with disabilities. Many of these people are participants in the Scheme, or wish to become participants. Midlas has supported many people through this process. One type of support that Midlas provides is through the Appeals process when someone is unhappy with a decision made by the National Disability Insurance Agency (NDIA).

Decisions that can be reviewed or appealed include:

    • When you do not meet NDIS eligibility requirements
    • Supports are not funded in your Plan that you believe are “reasonable and necessary”
    • Your eligibility status has changed
    • NDIA decide not to review your Plan

There are two levels of appeal requests that can be made – internal review and external merits review.

Internal Review:

All decisions that are made by NDIA are reviewable within 3 months of the date the decision is made.

This includes:

  • Eligibility decisions
  • Decisions not to complete an early review of Plan
  • Inadequate funding supports within the Plan.

Internal Review requests can be made in a number of ways. You can:

When asking for a review, you should explain why you think the decision is incorrect. When NDIA have received your request, a NDIS internal reviewer will be in contact with you to review the decision.

External Merits Review (EMR):

If you are not happy with the outcome of the internal review process, you may choose to take the appeal to the next level. This is called an External Merits Review (EMR).

You must apply for an EMR within 28 days of receiving the outcome of your internal review request.

You cannot apply for an EMR until you have gone through the internal review process. EMRs are held at the Administrative Appeals Tribunal (AAT) who make a decision regarding your appeal.

You can request an EMR through completing an “Application for Review of Decision (Individual)” form available on the AAT website – http://www.aat.gov.au/resources/forms

Midlas disability advocates can support participants through this process and can assist you by:

  • Supporting you to make this request and lodge it with the AAT
  • Applying for funding to access Legal Aid representation
  • Making sure your voice is heard throughout the EMR process

If you would like some assistance in understanding your Appeals rights with the NDIS please call Midlas on 9250 2123 to book an appointment with a Disability Advocate.

Midlas Mission: We partner with individuals and organisations to promote independence, strength and wellbeing in our community through support, advocacy and education.