Irving
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‘I feel as though ‘everyday people’ would be shaking their head if they knew how the NDIA really treat people with disability.’
Irving is a below-the-knee amputee in his late 50s.
Irving explained to the Royal Commission prosthetic legs are unique to every individual and he requires a new prosthetic leg every couple of years.
‘Over the years, my stump changes in its size and shape, and the corresponding prosthetic must also change.’
A few years ago he applied to the NDIS for a new leg and was rejected.
Prior to the NDIS, Irving’s disability support was funded by the state government. He had been a client of one organisation for many years and they were flexible. After years of trial and error, Irving had found the most appropriate person to fit his prosthetic leg was an interstate doctor. The organisation funded Irving’s travel.
When the NDIS was introduced Irving was unable to stay with this organisation and he dealt directly with the NDIA.
Irving’s application was rejected because the NDIA believed the prosthetic leg should be fitted in his home state. After multiple rejections and internal reviews, his appeal for a new prosthetic leg went to a judicial hearing.
Irving said there isn’t a specialist in his state that is able to fit the leg he requires and he had multiple documents and an expert witness to prove this.
The appeal went for two years and ultimately he had to represent himself because of the cost. The NDIA had multiple in-house and external lawyers.
Irving said that during the hearing the lawyers made arguments that ‘belittled’ and ‘humiliated’ him.
‘They seemed to be implying that I wanted to travel [interstate] for a holiday, and not for a legitimate specialist appointment.’
The lawyers questioned Irving’s expert witness, presenting their own list of specialists who could fit the leg. It became clear the lawyers were ‘counting specialists in other prosthetic fields, wholly unrelated to prosthetic limbs’. Some were dental specialists.
At this point the NDIA conceded and Irving won the matter.
Because of COVID-19 restrictions, however, Irving has been unable to travel interstate. He has been living with his old prosthetic leg and relying on pain medication to get through the day.
‘The NDIA need to stop hiding behind bureaucrats and “red-tape”, and to actually listen to people with disability. Treat people with disability with the respect that they deserve. I have been an amputee for a very long time, so I know the complexities of my prosthetic leg. I know what works and what is painful. I know the specialists that can provide me with the prosthetic leg that I need.’
Irving said hiring private lawyers was unfair and the NDIA needs to improve the participant’s access to justice. He suggests the NDIA hire people with similar disabilities to mediate when a dispute arises.
‘The NDIS needs more compassion and understanding. Treat us individually.’
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.