Former university student with brain injury from car crash wins legal fight

A young Tasmanian man who suffered a brain injury in a car accident when he was a university student has won a legal battle for disability support overseas.

A FORMER University of Tasmania student who has “withdrawn into his own world” with a traumatic brain injury has won the right to receive pension payments in Thailand.

The man was injured as a 21-year-old in 2013 when his car was hit from behind by another vehicle, according to a recently published Administrative Appeals Tribunal of Australia decision.

He subsequently withdrew from study with cognitive difficulties, and now passes his time watching YouTube videos, is reminded by his mother to get dressed each day, and is plagued by nightmares.

Tribunal member Shane Evans said a Hobart neuropsychologist found the man had memory and attention problems, and was later deemed eligible for a disability support pension. The man applied for portability of his pension, meaning he could spend more than 28 days a year overseas and still be paid, but was knocked back as his impairment wasn’t classified as “severe”.

The tribunal heard he had moved to Sydney since the accident to live with his grandmother, but his mother called him daily to remind him to eat and shower.

“He has on occasion left the house without shoes and often wears his clothes inside out,’’ Mr Evans said.

“Unless prompted to dress, he is known to spend the day in his robe.”

The man’s grandmother said he had “changed completely since the accident”, had “withdrawn into his own world”, hardly ever went out and didn’t appear to have a social life.

Mr Evans said the man’s neuropsychologist recommended he travel, which the man found overwhelming at first, but he soon experienced fewer “bad days” while staying at a hotel in Thailand.

Staff there were aware of his condition, made sure he had food, checked on him and directed him to simple walks on the beach.

Mr Evans found the man suffered from a severe impairment that meant he would be unable to perform any work within the next few years.

He set aside a Department of Social Services decision not to grant the man unlimited portability of his pension.