18 months ago I applied to the NDIS unrepresented.
I was disallowed, went to appeal, disallowed, went to AAT.
During the AAT process I became aware that a Victorian law firm represented a client who took their claim for NDIS to the Federal Court.
In the Federal Court decision a new principle was established making it seemingly easier for certain classes of disable people to gain access to the NDIS.
I contacted the law firm and they assented to taking me on to assist with the AAT proceedings.
Substantive medical issues: Obesity and severe depression.
In October of last year:
A few days later, the respondent summonsed medical records.
The tribunal notified myself and representative that there was 14 day "window" to object to the contents.
A dieticians report, which was originally organised by my doctor who had filled out the initial NDIS application, stated that(paraphrasing) "I needed to decrease my reliance on Alcohol", which in her opinion was contributing to my disability.
I have not consumed ANY alcohol for 9 years(8 at the time of the application).
My legal representative did not "object" to this report being included or forwarded to the respondent.
Due to the fact that I have not consumed alcohol for many years, and was only ever at a social level(no DUI or any other misadventure), has my representative been negligent in not objecting and making some effort to rectify the glaring error in the dietician report?
My representative actually withdrew my application from the AAT on the above grounds a few days after my medical records were obtained by the AAT.
He has also not given me a clear pathway forward with my desire to reapply.
Contact with him has been minimal since this episode.
There is another aspect of his handling of this matter that I consider wrong, but I would like to clear up the above matter first.
I have wasted 12 months waiting for him to give me satisfactory guidance.
I was disallowed, went to appeal, disallowed, went to AAT.
During the AAT process I became aware that a Victorian law firm represented a client who took their claim for NDIS to the Federal Court.
In the Federal Court decision a new principle was established making it seemingly easier for certain classes of disable people to gain access to the NDIS.
I contacted the law firm and they assented to taking me on to assist with the AAT proceedings.
Substantive medical issues: Obesity and severe depression.
In October of last year:
Dear Tribunal,
We refer to the above matter.
We confirm that A.........., on behalf of ..... Centre, has now gained carriage over the matter and represents the Applicant.
We attach the Applicant in this email for their consideration.
We also ask the Tribunal to confirm who the Respondent Legal Representatives are so that we are able to direct correspondence to them.
Should you have any queries, please do not hesitate to contact our office.
With kind regards,
..........
Paralegal
On behalf of,
......CENTRE
We refer to the above matter.
We confirm that A.........., on behalf of ..... Centre, has now gained carriage over the matter and represents the Applicant.
We attach the Applicant in this email for their consideration.
We also ask the Tribunal to confirm who the Respondent Legal Representatives are so that we are able to direct correspondence to them.
Should you have any queries, please do not hesitate to contact our office.
With kind regards,
..........
Paralegal
On behalf of,
......CENTRE
A few days later, the respondent summonsed medical records.
The tribunal notified myself and representative that there was 14 day "window" to object to the contents.
A dieticians report, which was originally organised by my doctor who had filled out the initial NDIS application, stated that(paraphrasing) "I needed to decrease my reliance on Alcohol", which in her opinion was contributing to my disability.
I have not consumed ANY alcohol for 9 years(8 at the time of the application).
My legal representative did not "object" to this report being included or forwarded to the respondent.
Due to the fact that I have not consumed alcohol for many years, and was only ever at a social level(no DUI or any other misadventure), has my representative been negligent in not objecting and making some effort to rectify the glaring error in the dietician report?
My representative actually withdrew my application from the AAT on the above grounds a few days after my medical records were obtained by the AAT.
He has also not given me a clear pathway forward with my desire to reapply.
Contact with him has been minimal since this episode.
There is another aspect of his handling of this matter that I consider wrong, but I would like to clear up the above matter first.
I have wasted 12 months waiting for him to give me satisfactory guidance.
