xak
Junior Member
Posts: 3
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Post by xak on Jul 17, 2012 14:51:41 GMT 7
Hi, I've been on newstart this year but can't look for work due to hormonal imbalances leaving me fatigued after an autoimmune disease. I've started different hormone replacement therapies and am slowly recovering.
However my last medical certificate was denied by someone at centrelink even though I have blood test's for proof. I phoned the number and requested the original decision maker to review the decision with notes that I have blood test's as evidence and am on medication to help me get better.
2 days later I received a letter saying
"following your contact, your request for review has been withdrawn and the matter is now finalised".
I don't know if this means that they are sticking to their original decision without even considering a review or if it means they changed the decision without reviewing it?
My reporting date has changed from ever 2 weeks, to every 12 weeks but I still have an appointment with an employment provider...
Any help would be great.
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Post by Banjo on Jul 17, 2012 16:00:37 GMT 7
This has been quite common with Centrelink over ruling qualified medical practitioners and making up rules giving themselves the right to do so. I'm not sure how they can withdraw your request for a review, they can refuse it but I don't know how they have the right to withdraw it. All I can suggest is that you contact Welfare Rights in your home state. Check out their website and ring the office nearest to you. I'd like to hear how you get on as we had a former member with an ongoing problem with this. www.welfarerights.org.au/default.aspx |
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Post by roxane on Jul 17, 2012 16:39:27 GMT 7
Hi xak,
I know a lot about autoimmune diseases and hormone replacements. What kind of autoimmune disease you've got? As far as CL is concerned anything which is treatable would be excluded from DSP.
You should appeal the decision, but make sure you do your homework b4.
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Post by Banjo on Jul 17, 2012 18:17:19 GMT 7
I'm not sure he wants to go on the DSP, just wondering why Centrelink is refusing his doctors letters.
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xak
Junior Member
Posts: 3
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Post by xak on Jul 17, 2012 19:46:12 GMT 7
^ thats correct. Im on the road to repair so not looking at getting on DSP, I even got the centrelink person to mention that in the review. I guess I'll have to call up tomorrow and see what the deal is, may have to request an ARO to review it, hopefully that doesn't get withdrawn.
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Post by Banjo on Jul 18, 2012 4:47:42 GMT 7
As I said, if you feel a sharp pain in the lower reasons reminiscent of being shafted by Centrelink or one of their shonky JCA lot give Welfare Rights a ring.
Good luck.
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Post by scuzzy on Jul 18, 2012 8:15:37 GMT 7
Hi, I've been on newstart this year but can't look for work due to hormonal imbalances leaving me fatigued after an autoimmune disease. I've started different hormone replacement therapies and am slowly recovering. However my last medical certificate was denied by someone at centrelink even though I have blood test's for proof. I phoned the number and requested the original decision maker to review the decision with notes that I have blood test's as evidence and am on medication to help me get better. 2 days later I received a letter saying "following your contact, your request for review has been withdrawn and the matter is now finalised". I don't know if this means that they are sticking to their original decision without even considering a review or if it means they changed the decision without reviewing it? My reporting date has changed from ever 2 weeks, to every 12 weeks but I still have an appointment with an employment provider... Any help would be great. Hey Xak, I've experienced this same tactic by Centrelink ARO's. Once upon a time, I lodged a request for an ARO review of an obviously wrong decision by Centrelink. The ARO rang a couple of weeks after I lodged the appeal to tell me that they'd upheld the original decision, or in other words my appeal had failed. A couple of days later, a letter arrived from the ARO saying; 'following my telephone conversation with you, your request for an ARO review has been withdrawn as requested by you.' They had rung me to tell me the ARO had ruled against me, but then sent me a letter saying that I'd withdrawn my appeal before any decision had been made, despite the fact I hadn't. So in other words, they lied. I reckon they did this because they didn't actually have any good grounds to rule against me, so they manipulated things to make it look on record like I'd withdrawn my appeal so they wouldn't have to put to paper that in fact they'd ruled against me on very flimsy grounds. Also, because verbally they'd told me my appeal had been unsuccessful but on record they'd lied and said I'd withdrawn it before a decision was made, it meant I couldn't then request an SSAT appeal, becuase on record the appeal had been prematurely withdrawn, meaning if I wanted to pursue it any further I had to start again back at ARO level, so they had all bases covered. They are doing the same thing to you now. They know you've got solid grounds for appeal, so they're trying to stop you climbing up through the appeals levels where they'll no doubt eventually be over-ruled. They want to keep you going around in circles at ARO level. So you need to get up to SSAT and then if need be up again to AAT level. But if they're employing they're tried and true tactic of lying and falsifying records to keep you trapped at ARO level, then like Banjo said you should get Welfare Rights onto them, or get onto the Ombudsman. What do you think Centrelink would do to you if you lied to them or falsified something in your paperwork? That's right; they'd probably get you thrown in jail. But they routinely do the same thing and keep getting away with it. And they wonder why they're up there with Qantas/Jetstar, Telstra and Westpac as the most hated institutions in Australia. Can you think of any other authority that would have the audacity or impunity to abuse their power the way Centrelink does yet never be held to account? Not even the cops would try some of the stuff Centrelink get up to. |
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Deleted
Deleted Member
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Post by Deleted on Jul 18, 2012 9:45:07 GMT 7
My reporting date has changed from ever 2 weeks, to every 12 weeks but I still have an appointment with an employment provider... I'm in the same boat mate, centrelink refuse to accept my medical certificates and have sent me off to an employment provider. I asked for a review with an ARO but that's just some CL drone at a different desk but with the same agenda so they said their decision stands. The next step is the SSAT of course but i've just recently been there about my rejected DSP claim and found them to be just like Centrelink with twisting words and ignoring evidence to suit themselves. As far as the rejecting medical certificates go there doesn't really seem to be anything that can be done about it, even my doc thinks it's disgusting. |
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Post by roxane on Jul 18, 2012 10:15:29 GMT 7
did they give you any explanation why they rejecting it?
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xak
Junior Member
Posts: 3
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Post by xak on Jul 18, 2012 13:26:00 GMT 7
did they give you any explanation why they rejecting it? Thanks guys. I phoned up today and the girl said that a work capacity assessor overruled the request for a review and my extra proof(blood tests). I have to go in and make an appoint for a job capacity assessment. I had one 6 months ago and got a very egotistical psychologist. Hopefully I get a different one this time. I guess all I can do is get my doctor to write a detailed letter describing my situation and also take my recent blood tests. I look half dead due to the medication but I doubt they'll notice. |
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Post by Banjo on Jul 18, 2012 13:43:14 GMT 7
Good luck, let us know how you get on.
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Post by latindancer on Jul 18, 2012 14:56:59 GMT 7
Hi Xac,
I sometimes get the impression that we need to rub their noses in the facts. Centrelink employees are currently overworked and under a fair bit of pressure because of short staff numbers, plus some rather irate customers. So unless you point out things like the fact that you look half-dead, they'll just process you through with the minimum of attention to your detail. Make a list of things you need to bring to their attention, and make these things VERY clear to the JCA officer.
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Post by chrisnouy on Jul 20, 2012 0:24:10 GMT 7
I was reading this earlier www.ombudsman.gov.au/media-releases/show/168200'000 appeals and cl got 53% of the original decisions right a bit like playing two up But i commend everybody doing the 'appeals' circuit to include the bit about ' appeals fatigue' generated by cL's attitude Their whole purpose is to intimidate bully or tire you into submission |
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Post by Banjo on Jul 20, 2012 5:08:27 GMT 7
I was reading this earlier www.ombudsman.gov.au/media-releases/show/168200'000 appeals and cl got 53% of the original decisions right a bit like playing two up But i commend everybody doing the 'appeals' circuit to include the bit about ' appeals fatigue' generated by cL's attitude Their whole purpose is to intimidate bully or tire you into submission That's a fairly wishy washy thing to say, it's like saying they were wrong but they weren't really wrong. I reinforces MY opinion that the ombudsman is largely a waste of time in Centrelink cases. |
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Post by chrisnouy on Jul 20, 2012 8:46:12 GMT 7
Yes banjo I agree-- where do they dream up these phrases 'enable a quality decision'--stuff the quality what about a CORRECT decision
Anybody on the Govt payroll is suspect when judging other govt employees
Thats why Ssat is a waste of time
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