Sherri Sutherland, 67, first applied to the NDIS when she was 63 as she suffers from a degenerative disc disease in her spine. The US dual resident, who has been awarded permanent disability pensions in both nations, was initially turned down despite her condition.
“It’s not multiple sclerosis but the effects are very similar,” she said.
On the advice of a health care professional, she appealed but was turned down again after which a disability advocate took her case to the Victorian Administrative Appeals Tribunal. The AAT in February ruled in her favour and she was granted access to the scheme.
However, the NDIA immediately appealed the AAT decision and Ms Sutherland, who moved to Australia in 2009 when she married her late husband, was again left without access to the scheme.
However last week, after The Yarrawonga Chronicle contacted the agency to ask about the case, Ms Sutherland was told she would have access to the NDIS while the appeal to the Federal Court took place.
“Following an AAT ruling, the agency’s policy is to implement the decision of the AAT while the appeal proceeds in the Federal Court,” an NDIA spokesperson said.
Ms Sutherland, who uses a wheelchair for some mobility, says she has been told the appeal is around “a point of law” with the NDIA spokesperson adding she “may” receive support to pay for legal representation.
“It is important to note, where the NDIA initiates an appeal, we may support the participant or prospective participant to engage legal representation, such as Legal Aid,” the spokesperson said.
Ms Sutherland said the four-year process had been perplexing.
“I’m 68 at my next birthday and now this whole process has been delayed another year,” she said.
“I live alone, no family support and now they want to take me to court and deny me support on a technicality.
“There is no questioning of the diagnosis, they are saying this has to do with a matter of law.
“I have had to wade through a system for four years that clearly doesn’t want to help.”
Ms Sutherland questioned whether the scheme, which cuts out for new participants at age 65, was delaying cases near to the cut-off age to save money.
“I was told that during the Morrison Administration people close to 65 were to be pushed off onto aged care, but aged care is inadequate for my needs,” she said.
“I don’t need the help because I’m aged, but because of my disability. Aged care won’t pay for wheelchairs and home modifications. Aged care won’t pay for twice-weekly physiotherapy.”
The Federal Court proceedings will commence later this year.
