McFarlane and National Disability Insurance Agency [2018] AATA 4727 saw the Tribunal affirm an NDIA decision which came before it for review.
The Tribunal found that fibromyalgia is an impairment that is consistent with the definition of impairment and constituted a disability under the NDIS Act. However the Tribunal, noting some gaps in the treatment history, was not satisfied that either of these impairments were permanent within the meaning of paragraph 24(1)(b) of the NDIS Act.
At [88] – [89] the Tribunal member said:
I have also noted at paragraph 72, based on the medical evidence before the Tribunal, the difficulties associated with treating fibromyalgia and chronic pain syndrome. Professor Cameron’s evidence clearly stated that fibromyalgia and chronic pain syndrome are medical conditions that are most appropriately treated through the health system. In the absence of any evidence to the contrary, I accept Professor Cameron’s evidence.
This means that I cannot find that Mr McFarlane will require assistance under the NDIS for his lifetime. Therefore, he does not meet the requirement of paragraph 24(1)(e) of the NDIS Act.
There was no medical evidence before the Tribunal concerning potential benefits of early intervention.