An NDIS appeal is a process that helps individuals who are dissatisfied with the internal review decision made by the National Disability Insurance Agency (NDIA) seek a review of those decisions. This process is especially important when your NDIS support plan does not adequately meet your unique requirements, or you face a rejection.

The Administrative Appeals Tribunal (AAT) is the independent body responsible for conducting these reviews. If you believe that your NDIS plan is unjust or insufficient, filing an NDIS appeal can be the next step in securing the support you require.

The NDIS Appeals Program, funded under the Department of Social Services' Disability and Carers Support Activity, is designed to assist people with disabilities and others affected by NDIA's internal review decision. For more specific details, check the NDIS Appeals Program and its guidelines.

At ADEC, we offer FREE Appeals and Review services to support you in your journey. If you need assistance or have questions regarding NDIS appeals and reviews, please don't hesitate to call us.

Access to the NDIS Appeals Program is available to individuals who have already applied to the National Disability Insurance Agency (NDIA) for an internal review and have received a result. Once you've received the outcome of the internal review, you can utilise the NDIS Appeals Program to seek assistance in pursuing an external review through the Administrative Appeals Tribunal (AAT).

It's crucial to note that when seeking an AAT review, you must submit your application within 28 days of receiving the NDIA's decision. This timeframe is important to ensure your appeal is considered. Check for more detailed information on time limits, including the possibility of extensions.

The NDIS Appeals Program offers two types of support for individuals who are appealing internal decisions made by the National Disability Insurance Agency (NDIA) before the Administrative Appeals Tribunal (AAT):

1. Access to a Skilled Disability Advocate

ADEC can provide support by connecting you with a skilled disability advocates who serve as a support person throughout the appeal process. These support persons are also part of the National Disability Advocacy Program (NDAP) and are available in every state and territory.

ADEC's NDIS Appeals Program advocate can assist you in various ways, including:

• Explaining the review process, and clarifying what's involved in appealing to the AAT.
• Assisting in the preparation of necessary documents.
• Equipping you with the skills needed to better represent yourself.
• Attending AAT conferences and hearings with you to help you present your case effectively.

2. Access to Funding for Legal Services

In situations where there is a wider community benefit and/or significant disadvantage that would substantially benefit from legal representation, the NDIS Appeals Program may provide access to funding for legal services.

It's important to note that while the primary focus of the Appeals Program is on advocacy support, individuals may also have the option to access legal services through the Legal Aid Commission in their respective state or territory.

All supports offered through the Program are provided free of charge. For further information on the NDIS Appeals Program, you can refer to the NDIS Appeals and External Merits Review Information pamphlet.

Requesting an internal review of an NDIS decision is a crucial step if you believe that the internal review decision does not adequately address your unique requirements. You must ask for a review of the decision within three months from the day you receive the decision in writing. It's essential to act promptly to ensure your appeal is considered. To initiate this process, follow these steps:

• Complete the "Request for a Review of a Decision" form and submit it to the NDIS.
• Email the NDIS at enquiries@ndis.gov.au, including supporting evidence.
• Call the NDIS directly at 1800 800 110 to request a review.
• Visit an NDIS office or a partner office for in-person assistance.
• Send a letter with supporting evidence to the following address:
  Chief Executive Officer
  National Disability Insurance Agency
  GPO Box 700
  Canberra ACT 2601

When you request an internal review of an NDIS decision, it's essential to provide specific information to help the NDIS understand your situation and concerns. You can let the NDIS know:

• The Expected Decision: Clearly state what decision you were expecting from the NDIS.
• Reason for a Different Decision: Explain why you believe the NDIS should make a different decision. Detail the specific reasons or circumstances that support your request for a change.
• Reconsideration of Previously Submitted Information: If there's information you've already provided to the NDIS that you'd like them to reconsider, be sure to mention it. This can include any relevant documentation or details previously shared.
• New Evidence: If you have acquired any new evidence, such as recent medical reports, therapy assessments, or other supporting documents, it's important to include these in your request. This new evidence can strengthen your case and influence the review process.

For more detailed guidance on what to include with your review request, we recommend checking NDIS' guide on how to request an internal review of a decision

The NDIS aims to complete all internal reviews within 60 days from the day after they receive your request. During this time, they will thoroughly assess your case, including any new evidence or information you've provided, and provide you with written reasons for their decisions. This process ensures transparency and helps you understand the result of the review. The actual timeframe may vary depending on the complexity of your case.

Once the NDIS conducts an internal review, they can't perform another review on the same decision. If you're still unsatisfied, you can ask the NDIS to explain their decision and explore plan utilisation and support options. Check what other options are available for you. If you're not satisfied with the internal review, you can request an external review from the Administrative Appeals Tribunal, but only after the NDIS completes the internal review.