How I work: my method, published in full

The Tribunal has been clear that it expects the reports it reads to be balanced, transparent, and able to be checked by someone else.

This method is how I meet that standard. It's the same steps, in the same order, for every file, and it's published here in full so anyone can check it, including the person deciding your case.

Show the criteria for

Every request gets the whole method, because each link depends on the one before it

I approach support requests and access requests the same way, because evidence can't be written from an incomplete file. Every case runs as one chain of reasoning, and it has to read front to back and back to front: from diagnosis, to impairment, to what it stops you doing, to what it costs you socially and economically, to what it means for the rest of your life.

A support can't be argued without that same detail. It is reasonable and necessary because it addresses an impairment, which reduces the impact of your disability, which helps you pursue your goals, which lets you take part socially and economically. Break one link and the ones after it fall with it.

The chain of reasoning

  1. Diagnosis

    What is the condition, and what is driving it?

    Steps 1, 2, 3, 4s 34(1)⁠(aa)s 34(1)⁠(d)s 24(1)⁠(a)s 24(1)⁠(b)

  2. Impairment

    Which body functions does it impair, and how badly?

    Steps 5, 6s 34(1)⁠(aa)s 24(1)⁠(a)s 24(1)⁠(b)

  3. Function

    What does it stop you doing, across a whole day and over time?

    Steps 7, 8, 9s 34(1)⁠(a)s 34(1)⁠(e)s 24(1)⁠(c)

  4. Participation

    What has it cost you socially and economically?

    Step 10s 34(1)⁠(b)s 24(1)⁠(d)

  5. Lifetime

    What does it mean for the rest of your life, with and without support?

    Step 11s 34(1)⁠(c)s 34(1)⁠(f)s 24(1)⁠(e)

Then the evidence around the chain

ValueIs it good value, counting what happens without it?s 34(1)⁠(c)
EffectivenessDoes it work, by current good practice?s 34(1)⁠(d)
Informal supportWhat can family, carers and community reasonably give?s 34(1)⁠(e)
Right systemIs it a disability support, not treatment of the condition?s 34(1)⁠(f)

The right-system question is where pain supports are often refused. A support that keeps you functioning, rather than curing your condition, is a disability support. Steps 2, 4 and 11 are how a report shows the difference: what is driving the pain, what treatment has already done, and what happens to your function without the support.

The eleven steps

Grouped by the link they build. Open any step for what it establishes, why it exists, and the decision that shows what happens without it.

1 · Diagnosiss 34(1)⁠(aa)s 34(1)⁠(d)s 24(1)⁠(a)s 24(1)⁠(b)

Step 01What condition is this, and how is it classified?ICD-11 diagnostic categorisation and description

Chronic pain is classified before anything else, and specifically whether it is chronic primary pain, where the pain is the condition, or chronic secondary pain, where it is a consequence of something else.

Why this step exists. It decides what everything downstream attaches to. Whether chronic pain is an impairment at all under s 24(1)⁠(a) is contested, and it turns on whether a current specialist characterises it as one, which makes this the earliest thing an audit can catch.

Access decisionGranted

Pain held to be a sensory and/or neurological impairment in its own right, expressly against the Agency's operational policy, which “appears to limit the meaning of ‘sensory’ impairment to ‘how you see or hear’.”

Warren [2025] ARTA 2412 at [51]

Step 02What kind of pain is it, and what is driving it?Mechanism classification, with inflammatory screening

Pain is classified by mechanism (nociceptive, neuropathic, or nociplastic) against published clinical criteria, with a separate screen for inflammatory causes.

Why this step exists. It is the difference between listing the treatments that were tried and explaining why the ones that weren't tried would not have worked. A list can always be answered by naming one more thing. A mechanism can't.

Access decisionGranted

Permanence accepted because the specialist could say in a single sentence that the untried treatment “would treat the symptoms but would not ameliorate the condition.”

Blackberry [2025] ARTA 39 at [113]

Step 03What does the published clinical guideline say about this condition?Clinical practice guideline summary

Every diagnosis is checked against a published standard, and the report names which standard was used.

Why the order matters. AAPT is the stronger anchor because it is multidimensional and pain-specific, but it covers relatively few conditions. A method that stopped there would return “not applicable” for most of a chronic pain caseload. Naming the best available guideline instead gives the decision-maker something to check in almost every case.

Why this step exists at all. It anchors the diagnosis to a published standard rather than to a clinician's say-so. A report that names the standard it applied can be verified. One that does not, cannot.

  1. The AAPT criteria, where the condition has a published set: five dimensions rather than a diagnostic label alone.
  2. The best available clinical practice guideline, where AAPT has not published for the condition. The report says which one, and why it was chosen.
  3. Where neither exists, that is recorded as a finding in itself, and the reasoning rests on steps 1 and 2.
CaseStandard

“The Tribunal should expect to be provided reports that are balanced, transparent and capable of being independently verified.” A guidance-level decision, and the reason this step exists.

KDKJ [2026] ARTA 1166 at [180]

Step 04What has been tried, for how long, and with what result?Treatment history, mapped against the nine elements of pain management: HEAPPPPSS

Every treatment attempted is mapped against the nine elements of a modern pain management program. Duration, adherence and outcome are recorded for each, and every element that was never addressed is named as unaddressed.

Why this step exists. It is the single most common reason a chronic pain claim fails on permanence, and the difference between winning and losing it is documentation rather than severity.

Mapping rather than listing is the point. A list of treatments can always be answered by naming one more. A map across all nine shows which have been addressed, which haven't, and (read with step 2) why the unaddressed ones would not change the outcome.

And one element changes how a gap reads. Where a record shows treatment recommended and not sustained, the question is not whether the person complied. It is whether they were ever supported to. Education, pacing, confidence and barriers are a treatment domain in their own right, and an element never addressed is a clinical finding rather than a fault.

ElementWhat the record has to establish
HGeneral healthComorbidities identified and managed; deconditioning, weight, metabolic and cardiovascular factors addressed or excluded
EPain educationWhether pain education was ever delivered, by whom, and what changed
ASelf agencyWhether the person was supported to self-manage (pacing, goal-setting, confidence, barriers) or simply instructed
PPhysical therapiesWhat was prescribed, over what period, with what adherence and what measured outcome
PPsychological therapiesModality named, sessions delivered, completion, and outcome
PPharmaceutical managementAgents trialled, doses, duration, and why each was stopped
PProcedures and surgeryInjections, neuromodulation, surgery: what was done and what it achieved
SSocial prescribingConnection, meaningful activity, vocational engagement: whether addressed at all
SSleepWhether sleep was assessed, whether a disorder was excluded, and whether it was treated

These are the recognised domains of multidisciplinary pain management. The mnemonic is mine; the content isn't. H–E–A are the foundations, the four P's are the intervention modalities, S–S are the context.

Access decisionGranted

Fibromyalgia held permanent with no specialist referral at all. The GP recorded that she “had been fully compliant with therapy to date”, that her impairments “had been optimally treated”, and that no other evidence-based treatment was available.

Harding [2025] ARTA 373 at [33], [58] · read the note →

2 · Impairments 34(1)⁠(aa)s 24(1)⁠(a)s 24(1)⁠(b)

Step 05What does the person say about living with it?Structured clinical interview

A structured interview, recorded as the person's own account, and reported as such, clearly separated from anything observed or measured.

Why this step exists. Self-report is evidence. It stops being useful when it is presented as though it were observation.

Access decisionCollapsed

The case turned on one concession in cross-examination: the occupational therapist admitted his answers recorded what the applicant had told him rather than what he had observed, which collapsed the only functional evidence into “largely subjective” self-report.

Lowndes at [143]–[144]

Step 06Which body functions are impaired, and how badly?Impairment assessment

Each impairment is identified, measured where measurement is possible, and attributed to the condition classified at step 1.

Why this step exists. Attribution decides cases.

Access decisionRefused

Functional capacity is assessed only against impairments that survive permanence. When the pain impairments failed, every hour of pain-based mobility and self-care evidence was discarded with them.

Nematian [2025] ARTA 2439 at [141], [170], [179] · read the note →

3 · Functions 34(1)⁠(a)s 34(1)⁠(e)s 24(1)⁠(c)

Step 07How often does it flare, and what happens when it does?Temporal and flare assessment

Frequency, duration, triggers, and the recovery cost of a flare, recorded as a pattern over time, not as a snapshot.

Why this step exists. This is the most commonly missed evidence in the entire published record.

The Pain, Sleep and Fatigue Diary is the simplest way to produce it. One line a day, about a minute: day type, sleep hours and night waking, pain and fatigue at their worst, whether the cost arrived a day or more later, and what was left undone. Four weeks to a form, and the scoring page returns a count by day type, medians against a stated denominator, and the longest consecutive run of hard or bed days.

If you don't already keep one, I provide it, and it costs nothing.

Download the Pain, Sleep and Fatigue Diary
Access decisionGranted

Won the functional criterion on his daughter's oral estimate of the preceding ninety days: approximately ten good days, twenty regular, fifty-four harder, and six essentially spent in bed. Not an instrument, not a clinician. A count.

Ward at [90]

Step 08What does living with this pain actually cost?Subjective burden

What is given up to get through a day. What is deferred, delegated, or abandoned. What the next day looks like.

Why this step exists. Capacity assessed one task at a time overstates what a person can actually sustain.

Access decisionGranted

The Tribunal held expressly that on a task-by-task view it would not have found the criterion made out. What changed it was cumulative demand: on any given day she would have to choose not to do one or more of the tasks it had found she could do in isolation.

Harding [2025] ARTA 373 at [77]–[78] · read the note →
Step 09What can and can't be done across a whole day, in sequence?Activity and functional assessment, with follow-up at 24 hours, 72 hours and 7 days

Ordinary daily tasks, performed in a realistic sequence rather than in isolation, with rests, stopping points and what was left undone all recorded. Then three follow-up contacts, at 24 hours, 72 hours and 7 days, to document what the sequence cost.

Three contacts rather than one, because the cost of a sequence usually arrives late. Post-exertional symptoms can begin a day or more after the activity that produced them, and can persist well beyond that. A single next-day call records the beginning of a flare and calls it the whole of it.

The 7-day contact is the evidentially valuable one. How long a collapse in capacity lasts is precisely what these files keep failing to establish. A follow-up that stops at 24 hours cannot answer that. One that runs to seven days can.

This is sequencing, not provocation. Tasks are performed in a realistic order with a stopping rule, not pushed to failure. The distinction matters clinically and it matters evidentially.

Supervision is the default, and the assessment is by video. Where a support person is available they are present throughout, and that is what makes video safe. Where nobody is available the sequence is modified rather than refused: tasks requiring someone in the room are removed, and the removal and its reason are recorded. A reachable third party during the session is the one condition that does not flex.

An absent support person is a finding, not a gap. Whether a person has informal support to call on, and what happens on the days they don't, is squarely within what these decisions have to determine. The report states what the absence establishes rather than leaving it unexplained.

How the assessment is kept safe
Access decisionGranted

Two measured instruments both appeared in domains that lost. What won the case was an unscored observation recorded by the Agency's own occupational therapist: that her husband washes her back, her lower body and her hair while she sits in the shower.

BBCV at [102]–[103], [113]

4 · Participations 34(1)⁠(b)s 24(1)⁠(d)

Step 10What has been lost socially, at work and financially?Participation and economic impact

Work, income, relationships, community, and what the condition has cost across each.

Why this step exists. The line that has to be held is between what a person cannot do and what they have stopped doing.

Access decisionRefused

Exhaustion and lost motivation were converted into evidence of choice rather than incapacity: capacity distinguished from performance, and performance treated as a matter of “personality, personal characteristics, and various extrinsic factors.”

Rydyr at [122]–[124], applying NDIA v Lampard [2025] FCAFC 139 · read the note →

5 · Lifetimes 34(1)⁠(c)s 34(1)⁠(f)s 24(1)⁠(e)

Step 11Will support be needed for the rest of their life?Prognosis and ongoing need

The expected trajectory of the condition. Whether ongoing management is required to prevent deterioration or adverse outcomes. What happens without support. And whether the need is stable, increasing, or fluctuating across the life course.

Why this step exists. It is a prognosis, and it is easy to leave implicit, which is how it gets missed. One Tribunal put the difficulty plainly: where an impairment is permanent and functional capacity substantially reduced, it is hard to imagine a circumstance in which the need for support would cease. But the requirement still has to be answered by evidence rather than by inference.

A warning that belongs here. Evidence that nothing will change the trajectory establishes permanence and lifetime support, and it is the same evidence that defeats an early intervention claim under s 25. There is no record that satisfies both. Which of the two is being argued has to be decided deliberately, and early.

Access decisionGranted

The treating GP wrote that his patient “requires regular physiotherapy to prevent deterioration of functional capacity” and “to maintain his independence”: one sentence establishing both that the treatment was not curative and that it would be needed indefinitely.

Amgad at [147], [149]

The rest of the method

How the audit uses the steps, what every report states, how independence is kept, and what the method can't do.

AuditThe Evidence Audit applies the same eleven steps to the file you already have

An audit is not a lighter version of an assessment. It is the same eleven questions, asked of the documents rather than of the person, and read against whichever test your request faces: the support test or the access test.

For each step, the audit establishes three things:

  • What your records already prove, and which document proves it
  • Where they stop: the point at which the evidence runs out
  • What would close the distance, or whether it can be closed at all

That last part is the whole value of the audit. Sometimes the evidence exists and nobody has stated it in the terms the decision uses. Sometimes it was never recorded. And sometimes the honest answer is that the request can't succeed: for a support, because it doesn't meet the test; for access, because a reasonable treatment hasn't been tried yet. Saying so is a real result, and it saves you a request that was never going to succeed.

Three of the eleven steps establish what the condition is. The other eight establish what it costs, what has been lost, and what happens next. In most files the first three are already well documented, because that is what treating records are for. The gap is almost always further along.

ReportsEvery report states my qualifications, my sources, and what I observed

Four things are stated clearly in every report I write, without exception:

  • My qualifications and the scope of my expertise, including what falls outside it
  • Every source I relied on, listed, with dates
  • A declaration that I have complied with the expert evidence guidelines applying to the Tribunal
  • What I observed, separated from what I was told, labelled throughout the report

What the report does with what it couldn't establish. A fifth thing, rarer, and it matters as much. Where something could not be assessed (a task removed from the sequence, a session that stopped early, an assessment done without anyone else present), the report states what that establishes rather than leaving it unexplained. A silence in a report is filled in by whoever reads it, and it is not usually filled in favourably.

On the use of AI. Clinical observation, reasoning and opinion in my reports are mine. Where software assists with formatting or checking, it does not generate findings, and the words are mine. I state this because the Tribunal has already begun asking: in one decision an occupational therapist's report was discounted, and the competing assessor preferred, partly because she told the Tribunal she had used AI to improve the way it was written while he did not and recorded his own observations. Alsayed at [69].

Availability. I can be called on to answer questions about any report I write, and I will. Attendance at a hearing or a conference may incur an additional fee, quoted in advance. A report whose author cannot be asked about it carries less weight, and the record is consistent on that point.

CaseNo weight

An Activities of Daily Living Assessment was given no weight at all, not reduced weight, for four stated reasons: the author did not set out his expertise, nor the sources he relied on for the diagnostic history; there was no assurance of abiding by the expert witness guidelines; and no observations on which the opinions were based were stated.

TPHL at [60], [129]

IndependenceTo keep my evidence defensible, I'm never paid to deliver the supports I write about

The Tribunal gives less weight to practitioners who stand to be paid from the plan they are writing about. These four commitments are how I make sure that can never be said of my evidence, and all four can be checked:

  • The fee is capped before the work starts and does not change with what the audit finds or what the decision-maker later decides. It can come down where the work is shorter. It never goes up.
  • I do not deliver funded supports to anyone whose file I have audited or reported on, or whose future funding depends on a report I wrote. The evidence and the supports are separated.
  • I am paid once for the evidence, the same either way, and I do not appear in the plan that follows.
  • The audit is a single engagement, not an ongoing support.

The honest limit. I am paid for this work. Nobody who is paid can claim to have no interest at all, and I am not going to pretend otherwise. What I can say precisely is what the difference is: the Tribunal's criticism has been directed at practitioners with an ongoing interest in future funding: people whose continuing income depends on the plan being approved.

The second limit, stated plainly. The separation above is a policy, not an impossibility. I have always been able to deliver plan-funded supports. Self-managed and plan-managed participants have always been able to engage me for them. And I have always declined to do it for anyone whose evidence I wrote. Becoming a registered NDIS provider changed who can engage me, not what I will take. So the guarantee is a published commitment, checkable against what I actually do, and it should be read as that rather than as a structural bar.

That is a narrower claim than “I am independent.” It is also one that survives being checked.

TribunalKDKJ [181]
allied health practitioners “seem to be motivated principally to seek to continue the supports for which they are already receiving a pecuniary benefit”

The Panel discounted, by name, every practitioner who stood to be paid from the plan. The criticism is of an ongoing interest in future funding, which is the interest the separation above removes.

LimitsWhat a records audit and an assessment can't tell you

This section exists because the rest of the page is only believable if the limits are stated.

  • I can't tell you what the decision-maker will do. No assessment predicts an outcome. Members reach different conclusions on similar facts, and the published record makes that plain.
  • I can't give you legal advice. Not which review pathway applies, not whether to appeal, not what a deadline means for you.
  • I can't manufacture a history that didn't happen. The assessment produces new clinical evidence; that is what it is for. It cannot make an untried treatment have been tried, or close a two-year gap in a record. Where the honest finding is that something hasn't been done yet, that is the finding.
  • I can't reach outside physiotherapy. Psychiatric diagnosis, neuropsychological testing, specialist medical opinion: where a file needs one, the finding will say which and why.
  • An assessment is a point in time. It records what was true on the day and, through the follow-up, what that day cost. It does not describe every day, which is why I would rather you started the diary before we begin than after.
  • And the method itself is not authority. It is a structure for making reasoning visible. Whether the reasoning is accepted is for someone else to decide, which is why it is written down where it can be argued with.
AccessHow the eleven steps answer an access requestThe access table, the six activity domains, and the second limb of s 24(1)(e)

The eleven steps are not a clinical preference. Each exists because a decision-maker has to be satisfied of something specific, and because published decisions show what happens when they aren't.

StepWhat the decision requiresWhere it's decided
1 · Diagnostic classificationThat there is an impairment, and what it's attributable tos 24(1)⁠(a)
2 · MechanismThat no available treatment would remedy its 24(1)⁠(b), r 5.4
3 · Clinical guidelineThat the diagnosis is independently verifiablesupports 1, 2, 4
4 · Treatment historyThat available treatment has been tried, sustained, and has not remedied its 24(1)⁠(b), r 5.4
5 · InterviewThe person's own account, recorded as suchs 24(1)⁠(c)
6 · ImpairmentThat each limitation attaches to a permanent impairments 24(1)⁠(a), (b)
7 · Temporal and flareCapacity over time, not on one days 24(1)⁠(c), r 5.5
8 · Subjective burdenWhat the whole activity costs, not single taskss 24(1)⁠(c)
9 · Activity and functionObserved capacity across the six activity domainss 24(1)⁠(c), r 5.8
10 · ParticipationReduced capacity to participate socially and economicallys 24(1)⁠(d)
11 · Prognosis and ongoing needThat support is likely to be required for the person's lifetimes 24(1)⁠(e), first limb
Records auditWhether another service system is more appropriately responsibles 24(1)⁠(e), second limb

The six activity domains at step 9 are the ones s 24(1)⁠(c) names: communication, social interaction, learning, mobility, self-care and self-management. A report that assesses four of them has answered two thirds of the question.

s 24(1)⁠(e) appears twice because it has two limbs, and they are answered by different evidence. The first is whether support will be needed for the person's lifetime: a clinical prognosis, and step 11 does it. The second is whether some other service system should be meeting the need instead.

That second limb is the one the assessment can't reach, and it would be dishonest to imply otherwise. Whether aged care, a community program or a mainstream health service should be meeting the need is settled by evidence about that system: what it will fund, what it won't, and whether an application has been made and tested. That evidence is documentary, it belongs to the records audit rather than the assessment, and it is the requirement that has moved most in the last year.

ChangesChanges to this method
  • Added how the eleven steps answer a support request under s 34(1), alongside the access request mapping. No step was added, removed or reordered. Wording updated throughoutV1.1 · 30 SEP 2026
  • First publishedV1.0 · 18 SEP 2026

Tell me what was refused. I'll tell you if I can help.

Fifteen minutes on the phone or by video, with me. You don't need to prepare anything, and you'll finish the call clearer on where you stand.