dealing with c/l (in this case medical extension)

[melnee]

Just wanted to share some info. Briefly I need an extension from my 13 weeks (I left Oz in Oct last year)
As per usual there is a stuff around, pension suspended, lifted suspended again.....normal. But a very intelligent "phone operater who only places calls to the proper place" his words. Gave me some very helpful advice (I can't fly due to ear problems & I need an operation, at my expense, to fix it)
Anyway his wonderful advice (& why didn't I think of this ) was
"Can't you just charter a boat & get back to Australia that way & save all these problems because the disability team is to busy to even take phone calls, so how can they review you in time ?" I am in East Java.
After i polietly told him that I already called Bill Gates & asked him if he had a spare boat & crew I could borrow for the trip, however Bill said "I don't have one just now but maybe you could get on a cruise ship to get to Sydney (I need to go to Perth) but you would have to travel on cruise ships via America then maybe Fiji so it would take you a month or so & then you have to get to Perth, hitch hike maybe ? Oh & I'm not sure that a DSP pensioner could afford the cost of a cruise especially while your pension is suspended, Bill suggested I look for other ways.
After I explained all of this to dipshit phone operator his response was.... "Can't you just go to a port nearby & catch one of those boats & come back with Indonesian refugees ? you know Boat People ?"
I could hardly speak as so many things running through my head at one time (including, how do I kill this idiot & I know my ears are bad but I'm sure he just said that)
I repeated what he said back to him to get clarification that I did in fact hear him correctly & yes I did. Then he got angry telling me to stop calling & if I keep calling I will get NO ANSWERS, wait till they call you....I'm still waiting, 1 month later for that call.
I said to him "here's an idea, I could pay the police in here to shoot me in the head, because at least I know this would definately fix all my problems !!! )
He put me through to a social worker.
Anyhow to make this shorter I began telling c/l on the phone & via email that they are in breach of the UN Nations Declaration Of Humans Rights & the version of accepted by Australia & that the UN is standing by ready to take on my case (this is true) however I have told the UN I will give c/l one more chance to do the right thing then "go for it !"
I had to send a copy of my original return ticket & a new Dr's letter with an updated treatment plan with dates. No problem & I emailed it to them Monday, & in that email I reminded them of dipshit's suggestion & the UN info & various other accounts of verbal abuse by c/l staff, including how when I asked for an ARO on their last decision I was told "It has to go to a subject matter expert 1st before it goes to an AVO" I reminded them that I cannot find this part of the review process on any of my c/l letters nor under any Australian Federal legislation or any c/l legislation & that ironically I will pass my permanant portability assessment easily as I have read all the tables & have emailed them to various Dr's of mine in Australia & all have confirmed in writing, that I will get permanant prtability "BUT C/L IS STOPPING ME FROM RETURNING TO MY HOME" (I have already sent them an email of al connectedl converstions & outcomes) and can you believe this.....
I recieved an email 10 minutes after I sent mine with a personal message telling me they have deemed my case as a priority & I will be hearing from them asap, probably by the end of this week, if no one calls by Friday am please call c/l International for the out come of your review. From the Complex Portability Team.
I am still pinching myself because surely I am dreaming.
The point is knowledge is our only weapon against them. I have worked in community services before & have a certIV in community services, so having been an advocate for people like us I am lucky enough that I know where to look for certain legislation & stuff like the UN. If anyone neds some help/direction with this I am more than happy to help.
Thanks UN you have made me a much happier person & you have made c/l DO SOME WORK !!!!!!!!

[Banjo]

The Complex Portability Team is a new one on me.
Nice to see our taxes at work.

Good to know you have lit a fire under them Mel, have you looked at the rules for being paid if you overstay due to illness?

Discretion to extend the limited portability period

The discretion to extend the limited portability period applies only to recipients who:

receive a payment where portability is limited, such as DSP, NSA, CP or PA etc,
are overseas,
cannot return to Australia before the limited portability period ends (generally 6 weeks), and
are not able to return because an extreme event or emergency situation as specified in (section 1218C) prevents their return, or
are receiving financial assistance under the Medical Treatment Overseas Program (MTOP) in respect to the person's absence from Australia or needs to accompany such a person (section 1218D).



A discretionary extension must be for a definite period, during which time the recipient's situation is expected to change and enable return to Australia. Should a person be unable to return to Australia on expiry of the new allowable portability period, the case should be assessed and a further definite period may be allowed if appropriate.



The delegation for the decision to allow a discretionary extension rests with staff at the C3 level and above in CIS in Hobart.



It is necessary that matters affecting the recipient are so serious that they are prevented from returning to Australia. It is an expectation that where a recipient has their portability period extended, the person will make all reasonable efforts to return to Australia at the first available opportunity (e.g. where an extension is allowed due to illness, the recipient is required to return immediately when their health allows this) - extensions are not intended for periods of treatment or recovery overseas that could reasonably be undertaken upon return to Australia.



Act reference: SSAct section 1218C Extension of person's portability period-general, section 1218D Extension of person's portability period-life-saving...


Reasons for allowing a discretionary extension

A discretionary extension may be allowed where the delegate is satisfied a recipient is prevented from returning to Australia before the end of the portability period. The reasons for allowing a discretionary extension are specified in SSAct section 1218C:

if the person or a family member of the person (section 23(14)) is:
involved in a serious accident,
seriously ill,
hospitalised, or
the victim of a robbery or serious crime,
if the person is:
involved in custody proceedings,
required to remain overseas in connection with criminal proceedings, other than in respect of a crime alleged to have been committed by the person,
unable to return because of war, industrial action, or social or political unrest in which the recipient is not willingly participating, or
unable to return because of natural disaster,
if a family member dies.



The event preventing the person's return to Australia must be extreme or of an emergency nature and must have occurred or begun during the allowable portability period.

Note: A discretionary extension cannot be applied until the allowable portability period has expired.

guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-7/ssguide-7.1/ssguide-7.1.2/ssguide-7.1.2.10.html

[Banjo]

A Google on Complex Portability Team reveals no results... another secret body created to harrass pensioner for no good reason.
(For " good reason" read "for causing unnecessary cost to the taxpayer").

[melnee]

Hi Banjo, thanks for that information. I can't fly or my ear drums will burst & they have a dated step by step treatment plan with a return date back to Oz in less than one month.
The "Complex Disability Team" Threw me too, I got another email from them today saying they had read an email I wrote on Friday detailing my conversation with c/l Again (I send them one every time I speak to someone with all information names etc of the conversation) This "new team promised to prioritize my case, however surprise surprise, when I'm waiting in hospital to be operated on (without being able to pay for all my treatment while I'm suspended) They had given it to an ARO but there was no way I would receive an answer Friday so (with their confirmation that this was the best thing to do) I discharged from hospital & have to pay for the same pre op treatment again.
This problem did happen whist I was here & had they have got their act together, I would already be back in Oz.
My sister had a baby girl & in her culture I was chosen as the 1st mother of this baby girl ( I wont go into why etc) anyway baby Alison, named after me, died in my arms 2 days later while I was giving her CPR & the hospital was largely at fault for her death ) Anyway this is not important to Centrelink because Alison is not my immediate family, nor does it matter that she was my daughter too & nor does it matter that in my sisters/my culture we have ceremonies for 40 days after the death & I am supposed to be here. The only time culture matters is when you have migrated to Australia or have been given refugee status NOT if you are born in Australia, lived there nearly all your life paid taxes etc. Nice one I thought.
Moving on an ARO called me today at 4pm AESDT with his head up his butt from the start...He started asking me stuff & i said "have you read anything about this case ?" He said "no I thought I would talk to you 1st " WTF I think it would be better to re name c/l as a sheltered workshop !!!!!!! Oh no we can't because the people who work in these workshops do their job & are generally honest & dedicated.
The idiot tried to catch me up on residency, blew him out with that, kept trying to bring past illness into it etc etc I'm to stressed & mad to continue. But I just wanted to say Don't expect that an ARO will even read your file,they will try to trick you thinking you don't know the law (please spend as much time as you can learning & understanding their laws & use them against them as I successfully did today). The idiot tried to push me to do the portability test & my response was, again "who told you I wanted to live o/s or come back again etc ? because I didn't & never have said that, so why are you pushing for that (no response other than uummmm there were lots of uummmss actually) I told him I have read all the impairment tables & does he need a copy as I have them on my desktop & my email is open, and have emailed them to my Dr's in Oz & their response is (& you can call & ask if you want proof I will give you the number) Melanie you get over 30 in every table which one do you want to use ? So Charlie ARO if I could get back to Oz & get that done asap why am I sitting here in pain fighting for my rights with uneducated people like you who don't even read a clients file until you are on the phone with them ?.
He then asked if he could ring the specialist here & my response was (& this is true & on my file if he had of read it) "Please do call him he has given you his personal mobile on his reports & he is waiting for your call but let me tell you that his respect for you is less than what is on the bottom of my shoe right now because c/l does not care about my health, you just want me back there even if it's by boat or I'm deaf after flying & he doesn't like that attitude as he is a health care professional."
He told me he was going to hang up now & call the Dr, I looked at the time, 5 minutes to 5pm & guess what he didn't call my Dr.
So much more but mostly be informed, they cannot beat you if you know more than them & demand to speak to social workers wherever possible & tape /or write everything down.
I received the reply from them re my latest email 4 hours b4 this idiot ARO called that it had been received & passed on to the ARO it was long, detailed & explained again everything I ended up having to tell idiot on the phone, clearly he didn't even read that let alone my medical doc's. The funniest thing is that this case is not really for review, it's supposed to be, in their words "an update of your treatment plan & return date & (I provided my original return ticket ) returning your payment & granting the updated extension will be a straight forward process" That was said by 1 disability officer & the social worker.
Can't wait to call Mr idiot tomorrow.
The death in the family bit is not very clear to me Banjo & to be honest I can't deal with that bit just now. If you have any more advice for tomorrows call & u have the time I would greatly apprieciate them.
Thanks,
Mel
OPPPSSSS Last but not least,I will begin the process with the United Nations, regardless of the out come, because I am so over c/l lies and deception.

[melnee]

Sorry I forgot 1 more thing...due to the Jakarta floods & the same diligent work attitude as c/l. The local Immigration office in here still had my passport beyond the 1st medical extension so I couldn't leave even if I was medically fit. Another reason I'm "complex"