What happens when you appeal an NDIS decision
When the National Disability Insurance Scheme (NDIS) makes a decision about your plan — whether it's a first plan, a plan review, or a funding request — you have the right to challenge that decision if you disagree. An appeal does not automatically change the decision. Instead, it asks the NDIS to look at the decision again, consider new information you provide, or explain why they made it.
The NDIS has a formal appeals process with specific steps, timeframes, and documents you need to submit. You can appeal on your own, with support from a disability advocate, a lawyer, or a representative you choose. The process takes time — typically several months — so you should start as soon as you know you want to challenge the decision.
Not every disagreement with the NDIS can be appealed through this process. You can appeal decisions about your plan, the goals in your plan, the supports and funding the NDIS says you need, and whether you meet the disability requirements to be in the scheme. You cannot appeal decisions about how much the NDIS pays providers for services, or decisions made by your service provider rather than by the NDIS itself.
Key Takeaways
- You have 28 days from the date on the NDIS decision letter to lodge an appeal request, though you can ask for more time if you have a good reason.
- Your appeal must explain what decision you disagree with and why, and should include new evidence or information the NDIS did not have the first time.
- The NDIS will review your appeal and send you a written response, usually within 28 days, though complex cases can take longer.
- If you disagree with the appeal outcome, you can ask the NDIS Complaints Commissioner to investigate, which is free and separate from the NDIS process.
- You can get help from an advocate, lawyer, or support person at any stage, and some services offer this support at no cost.
The 28-day window to lodge your appeal
You must lodge your appeal within 28 days of the date shown on the NDIS decision letter. This is a hard important date — if you miss it, the NDIS will not accept your appeal unless you have a documented reason for the delay (for example, you were in hospital, or you did not receive the letter).
The 28 days starts from the date on the letter itself, not the date you received it. Check the top of your decision letter for the date. If you are unsure whether you are still within the window, contact your NDIS planner or the NDIS Contact Centre to confirm.
If you need more time, you can ask the NDIS for an extension before the 28 days runs out. Write to your NDIS planner or the appeals team and explain why you need more time. The NDIS can grant extensions if you have a reasonable reason — for example, you are waiting for medical reports, or you need time to find an advocate to help you. There is no set limit to how much extra time they will give, but you must ask before the important date passes.
What to include in your appeal letter
Your appeal must be in writing. You can send it by email, post, or through your NDIS portal if you have one set up. The letter does not need to follow a formal template, but it must include certain information so the NDIS knows what you are appealing and why.
Start by stating clearly which decision you are appealing. For example: "I am appealing the plan decision made on 15 March 2024, which allocated $8,000 per year for speech therapy." Then explain why you disagree with that decision. Be specific — do not just say "I need more funding." Instead, say something like: "My speech pathologist has advised that I need two sessions per week, not one, because my speech has not improved on the current plan. The current funding only covers one session per week."
Include any new evidence or information that supports your appeal. This might be a letter from your doctor, therapist, or support worker; recent assessment reports; or documentation of changes in your circumstances since the original decision was made. The NDIS will look at this new material as part of the review. If you do not have new evidence, explain what information you think the NDIS missed or misunderstood the first time.
Keep a copy of everything you send. Write your name, date of birth, and NDIS participant number at the top of the letter so there is no confusion about whose appeal it is.
Where to send your appeal and what happens next
Send your appeal to the NDIS Appeals Team. The address and email are on your decision letter. You can also ask your NDIS planner for the correct contact details. If you are sending it by post, use registered mail so you have proof of delivery.
Once the NDIS receives your appeal, they will send you a receipt confirming they have it. Keep this receipt. The NDIS will then assign someone to review your appeal — this is usually not the same person who made the original decision.
The reviewer will look at the original decision, your appeal letter, and any new evidence you provided. They may contact you to ask questions or request more information. They may also contact your service providers, your doctor, or other people involved in your support to gather more details. This process usually takes 28 days, but can take longer if your case is complex or if they need to collect a lot of information.
The NDIS will send you a written response explaining the outcome of your appeal. They will tell you whether they have changed the original decision, kept it the same, or changed it in a different way. They must explain their reasons, even if the decision stays the same.
What to do if your appeal is not successful
If the NDIS upholds the original decision and you still disagree, you have another option: you can ask the NDIS Complaints Commissioner to investigate. The Commissioner is independent from the NDIS and can look at whether the NDIS followed the right process and treated you fairly.
You do not have to pay to lodge a complaint with the Commissioner, and you do not have a strict important date — though it is better to complain sooner rather than later. You can complain about how the NDIS made the decision, whether they followed their own rules, or whether they treated you unfairly. The Commissioner cannot force the NDIS to change a decision, but they can recommend changes and can investigate whether the NDIS broke its own procedures.
To lodge a complaint, contact the NDIS Complaints Commissioner directly. They will ask you to explain what happened and why you think the NDIS did not handle your case fairly. You can do this by phone, email, or in writing. The Commissioner will then investigate and send you a report with their findings.
Getting help with your appeal
You do not have to appeal on your own. You can ask a family member, friend, advocate, lawyer, or support worker to help you. Some people choose to have someone represent them — meaning that person communicates with the NDIS on their behalf and attends any meetings.
Disability advocates in your state can help you understand the appeal process, gather evidence, and write your appeal letter. Many community legal centres offer free information about NDIS appeals. Some disability support organisations also have advocates who know the NDIS process well. You can find local advocates through your state's disability advocacy service or by asking your NDIS planner for a referral.
If you decide to have someone help you, tell the NDIS in writing. Include their name and contact details, and confirm that they have your permission to discuss your case with the NDIS. This makes sure the NDIS sends all correspondence to both you and your representative.
Timelines and what to expect at each stage
| Stage | Timeframe | What happens |
|---|---|---|
| Receive decision letter | Day 1 | NDIS sends you a written decision with reasons. The date on this letter starts your 28-day appeal window. |
| Lodge appeal | By day 28 | You send your appeal letter with new evidence or explanation of why you disagree. You can ask for an extension before day 28 if you need more time. |
| NDIS receives appeal | Within 2–5 days | NDIS sends you a receipt confirming they have your appeal. Keep this for your records. |
| Review and investigation | Up to 28 days | NDIS reviewer looks at your appeal, gathers information, and may contact you or your providers. Complex cases can take longer. |
| Appeal outcome letter | By day 56 (approximately) | NDIS sends written response explaining whether the decision has changed and why. This letter tells you if you can complain to the Commissioner. |
| Complaint to Commissioner (optional) | No strict important date | If you disagree with the appeal outcome, you can ask the NDIS Complaints Commissioner to investigate. This is free and independent. |
Frequently Asked Questions
Can I appeal while I am still using my current plan?
Yes. Your current plan stays in place while your appeal is being reviewed. You can continue to use the supports and funding in that plan. If your appeal is successful and the NDIS changes the decision, the new plan or funding usually takes effect from the date the appeal outcome letter is sent, though you should confirm this with your planner.
What if I do not have new evidence to include with my appeal?
You can still appeal. Explain what you think the NDIS got wrong or missed in the original decision. For example, you might say that the NDIS did not fully understand how your disability affects you, or that they did not consider information you gave them. The reviewer will look at the original file again and may gather new information themselves.
Do I need a lawyer to appeal?
No. Many people appeal successfully on their own or with help from a disability advocate. A lawyer can be useful if your case is complex or if you have already appealed once and want to take it further, but it is not required. Free legal information is available through community legal centres in most areas.
What if the NDIS loses my appeal letter?
This is why you should send it by registered mail or email with a read receipt. Keep the proof of delivery. If the NDIS says they did not receive it, you can show them the proof and ask them to accept a late appeal. If you sent it by email, the email itself is evidence of when you sent it.
Can I appeal more than once?
You can appeal each NDIS decision once through the formal appeals process. If that appeal is not successful, your next step is to complain to the NDIS Complaints Commissioner. You cannot appeal the same decision twice to the NDIS, but if the NDIS makes a new decision later (for example, at your next plan review), you can appeal that new decision.