DSP & Med certs refused...what to do?

[Deleted]

Hi all i'm new to the board and would really appreciate some advice.

I suffer from mental illness which includes severe depression, social anxiety and I am also constantly suicidal and homicidal. I have already been rejected for the DSP more than once under the excuse that my condition is not "stabilised" and I have decided to push my latest application further than an ARO this time and the SSAT will be hearing my case soon.

Upon my last visit to Centrelink a smiling lady cheerfully told me that they would no longer be accepting medical certificates and I would be sent off to HETA for an employment pathway plan to be formulated.

The question I have is what can I do about this? It's disgusting that a clerk can overrule trained medical professionals. My Psychiatrist, who says that I have no work capacity for at least 2 years, was kind enough to type me up a letter explaining my condition in detail which I presented to centrelink but they still don't care.

If they aggravate my condition do I have a legal case against them? I did think of writing to my local MP but I simply don't know how to word a letter like that and i'm not sure if it would be worthwhile.

I still have hopes for a favourable outcome with the SSAT but I have a grim suspicion that I will be facing more robots that will simply ignore my evidence in order to save the government a few dollars.

Could really use some help.

Cheers

[spaceyone]

Jun 24, 2012 13:16:19 GMT 7 @sycksyde said:

Hi all i'm new to the board and would really appreciate some advice.

I suffer from mental illness which includes severe depression, social anxiety and I am also constantly suicidal and homicidal. I have already been rejected for the DSP more than once under the excuse that my condition is not "stabilised" and I have decided to push my latest application further than an ARO this time and the SSAT will be hearing my case soon.

Upon my last visit to Centrelink a smiling lady cheerfully told me that they would no longer be accepting medical certificates and I would be sent off to HETA for an employment pathway plan to be formulated.

The question I have is what can I do about this? It's disgusting that a clerk can overrule trained medical professionals. My Psychiatrist, who says that I have no work capacity for at least 2 years, was kind enough to type me up a letter explaining my condition in detail which I presented to centrelink but they still don't care.

If they aggravate my condition do I have a legal case against them? I did think of writing to my local MP but I simply don't know how to word a letter like that and i'm not sure if it would be worthwhile.

I still have hopes for a favourable outcome with the SSAT but I have a grim suspicion that I will be facing more robots that will simply ignore my evidence in order to save the government a few dollars.

Could really use some help.

Cheers

Hi Syksyde. Sounds like they are making it even harder to get the ball rolling on a JCA and DSP application, by refusing to accept the first step.

Did you try to hand in a letter from a shrink, or an actual medical certificate. They won't take letters, but I would think that they still have to accept a valid medical certificate, printed out on Centrelink paper, by a health professional.

Once you have one of those. Try again to lodge it. Keep trying until someone accepts it.

Trying to sue them, or complaining to anyone, won't get you anywhere.

Also, it is going to be very hard to get approved for DSP, for mental health issues from now on.

However, if you have been on Newstart during all of this, then you could already qualify to apply for DSP. If you have proven that in the past year you have co-operated with job service providers, attempted to find work, or been unable to hold down a job due to illness, and have supporting evidence from the providers, you have an excuse to have your work capacity reassessed.

The Job Service Agency won't want to support you in proving all of that, but it is a loophole to get DSP. If you are not classed as severely disabled, then having played their games for a year, now will apparently be considered, as an excuse to get off the merry-go-round.

I am in the middle of typing up a complaint at the moment, about Centrelink pretending to loose my medical records. Take copies of everything you submit to them, apply for your records under FOI often to see what is going on behind the scenes, and don't let them bluff you into going away.

Good luck mate.

PS: Yes, the SSAT is just as heartless and corrupt, but go for it anyway. Take the letter from the shrink to give to them at the hearing, and anything other supporting documents you have, or email it to them prior, if you are doing it by phone conference.

Then lodge an appeal with the AAT, Centrelink sometimes cave in and crumble rather than have to go there.

[Banjo]

Yes, the SSAT at least have to read what ever paperwork you take in to them.
Don't do this on the phone... insist you want to attend the SSAT yourself.

The government has been telling all and sundry about the great things they are going to do in the field of mental health but Centrelink hasn't heard about this yet.
Have you contacted Welfare Rights in your home state?
They can represent you at the tribunal if you don't feel up to it.

www.welfarerights.org.au/pages/centre.aspx

[Deleted]

Thanks for the helpful replies.

Sorry I should have been more clear, I have been lodging Centrelink medical certificates for some time and have been given an exemption by them so I didn't have to look for work but now suddenly they have decided to not accept them anymore.

If anything my condition is deteriorating because of the added stress of being thrown to the wolves (employment providers) when I have documented evidence from mental health professionals of serious mental illness which prevents me from working.

Is it worthwhile being represented at the SSAT by Welfare rights network? I would still be the one that would have to answer all their questions right?

[Denis-NFA]

Mate, and I am being half frivolous, either move to Nimbin or anywhere in the ACT and grow your own and smoke dope. Every day. them

[numpty]

Hey mate I'm looking at homelessness soon, there is an agenda and it's has already been organised.
I'm wondering if it has something to do with the new disability insurance scheme. If we are classified as disabled then there worried that we can make use of this scheme for carers and such.
Just a thought. Don't stop fighting, don't get further depressed
...get angry... and get into action (legally) that tends to spur me on.
Beware the organisation of the organised.

[Deleted]

Yeah it's definitely a frustrating system and one that put me under tons of extra stress but I ended up getting DSP in the end. You need comprehensive medical reports from specialists for EVERY medical disability and a willingness to keep applying after they slam the door in your face.

I really feel for all the other aussies out there that SHOULD be on DSP but get denied just to save the government a few dollars which they waste anyway.