Submission 192 - Supplementary Submission
I would like to also add my experience with compensation reduction unfairness
I received a compensation package which was a global sum including legal fees, that were almost one third of the sum
The sum I actually received was $102 000, which was for my losses, my medical costs plus pain and suffering. Plus care which I paid for the 3 years prior to entering the ndis.
The calculations were made 7 years after the accident that caused the disability which means I received about $14 k per year over the period of the plan. Yet the ndis calculated a reduction for the period of the next plan and intend to reduce my plan by $250k which is vastly more than I actually received and leaves a zero sum for care.
I carefully budgeted care and left a sum in the fund to roll over in case the reduction was significant but now that will be taken away and I will have no care until the plan is reviewed next time.
At the time I made enquiries with the ndis compensation team before accepting the negotiated settlement and was informed that I would be required to pay $37 k back to the ndis for spent funds but would still have the ongoing funding
When I received the compensation reduction figure I was informed that I could raise an objection and given guidelines then they rejected my objection outright. The special circumstances under which I had the right to request special consideration were not fully explained prior to submitting my request
The legislation says I can request consideration if I was not given adequate legal advice, i was not given adequate legal advice either by my lawyer or by the ndis and it’s grossly unfair to calculate a reduction that includes the legal costs.
There needs to be a fair process for calculation not simply an AI calculation tool. Special consideration should mean human consideration of each case according to individual circumstances that are recognised as having an impact.
Submission 192 - Supplementary Submission
The ndis has a mandate to not duplicate costs for care, so the figure I actually received for care is the figure that would be fair to use. Instead they have taken away care costs and made me pay twice in effect for fighting to reduce the financial burden on them
The ndis compensation team is incredibly difficult to access and very inconsistent. At one point after calling the national reception line I was informed that ndis had no such office. My response was “yes there is I am holding a letter from them” I had to speak to two supervisors and it took over a week to get any communication from the compensation team.
The effect now is that I’m worse off after fighting for 7 years to get compensation. During that time I also had to fight NDIS and attend an AAT tribunal, even though I had been diagnosed as not treatable by many and varied specialists. I have an acquired brain injury which is very widely recognised as not treatable.
I was required to submit more reports to justify my access to the scheme then when I did the reports were clearly not read. The paper trail not followed and misinterpreted. So even though I had a significant disability I had to fight every one when I could barely look after myself- At that time my son quit his job to become my carer as I was so frail I thought I’d die. I had several experiences diagnosed with symptoms of a stroke. Yet the NDIA public servants made my life a living hell. I had a community nurse visit every week for a year yet her advocacy was ignored.
I struggled and used my own funds for many years. The ndis were repaid for support I received, but also included the legal costs which has the effect of me paying them twice.
The ndis creates fear and inconsistency from constant politicising as well as from all the shonky providers and middle class professionals who over diagnose and over service structure that is a Macmedico menu of one size fits all whether it’s effective or not.
Submission 192 - Supplementary Submission
The compensation guidelines need to be clear and accessible and that department needs to be consistent and accessible. The calculation of reduction should be for care only and only during the period it’s relevant to.
The ndis legislation and funding need to be consistent and independent of which political ideology is in government