Substantially reduced functional capacity and mobility - Madelaine and NDIA [2020] AATA 4025
Summary In Madelaine and NDIA [2020] AATA 4025 [opens in new window], the Tribunal considered whether a person had substantially reduced functional capacity in one of the activities set out in s 24(1)(c) of the NDIS Act. The Tribunal's provides a good overview of how it approaches this question. However, the decision makes some concerning statements about the mobility aspect of functional capacity. The decision emphasises how low the threshold is for a person to have functional capacity in this area, making it extremely difficult for NDIS applications to be made on the basis of substantially reduced functional capacity in this area. Facts Teena Madelaine has a range of conditions, including rheumatoid arthritis and chronic regional pain syndrome. She applied in 2017 to join the NDIS. In 2019 her application was rejected. Ms Madelaine sought review of this decision in the Tribunal. The question for the Tribunal was whether any of Ms Madelaine's impairments resulted in substant