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Post by roxane on Mar 21, 2013 9:10:44 GMT 7
any chance to get some idea what sort of medical conditions have been approved?
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Post by fedup on Mar 21, 2013 9:58:39 GMT 7
Now If you were to work willingly after been paid out your super and A TPD would that not be acquiring money by deception and fraud? As far as I know you are not permitted to work if you claim either ,or both ,this from a legal standpoint. So how can these clowns in centrelink try and threaten you ,and impose something which would make it, a criminal OFFENCE,meaning if you did a required amount of work up to their 15 hr rule,you would be COMMITING a crime under the law.and under duress. Would it be fair to say that is the case. Please read the guidelines in claiming TPD When can I make a TPD claim? To make a claim for a TPD benefit you must meet the definition of TPD in the Fund’s Group Life Insurance Policy and have become TPD while you were insured with the Fund. Being TPD usually means you must be so seriously injured or ill that you are unlikely to ever work again in your usual occupation or any other occupation for which you could reasonably be considered qualified by education, training or experience. Definition of Total and Permanent Disablement (TPD) Our Insurer will consider a claim if you’re terminally ill or totally and permanently disabled if, while you were insured, something happens that results in one of the following situations. If you are employed, or you’ve been unemployed for less than 12 months, prior to the date you’re disabled: Option 1: • You’re unable to work in any occupation As a result of illness or injury, you have been continuously absent from employment for at least three consecutive months starting before you turn age 65. And – after the Insurer reviews medical and other evidence – they believe you’re unlikely ever to be able to engage in any regular paid work for which you are reasonably suited by education, training or experience. A detailed description of what ‘any occupation’ means is in our Insurance Guide. Option 2: • You suffer from certain medical conditions If you suffer from one of a number of medical conditions and you don’t meet the definition of terminal illness, you may be eligible to receive a payment if your condition is so severe that you are no longer able to work. For example, if you suffer from multiple sclerosis or major head trauma – or one of a range of other conditions. See our Insurance Guide for more details and the full list of medical conditions. You’re no longer able to do simple work tasks: If prior to the date you become disabled you haven’t worked for 12 months or more and you’ve become so disabled by bodily injury or illness that the Insurer is satisfied that you’ll never be able to perform at least two of the following five everyday working activities without someone else’s help, despite the use of appropriate assistive aids: • Mobility • Communicating • Vision • Lifting • Manual dexterity. More detail about what’s involved with each activity is listed in our Insurance Guide. Permanent inability must have lasted for a continuous period of six months or more, and it is unlikely you will ever return to gainful employment.
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Post by fedup on Mar 21, 2013 10:51:56 GMT 7
Hmm It seems you can go back to work
IF SOME MIRACLE HAPPENS
Which is not the case here,I still cannot get any sense out of any one
We need a legal expert here for advise
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Post by Banjo on Mar 21, 2013 11:18:52 GMT 7
Don't miracles fall into the religious expert category?
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Post by blahblahblah on Mar 21, 2013 11:37:59 GMT 7
Déjà vu
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Post by fedup on Mar 21, 2013 11:45:49 GMT 7
Justgot off the ph ,after requiring an update,was told rejected under the 15 hr clause,said not enough info was supplied,blah blah blah,said they could not contact my doctor which is true as he has left the practice only last fri,unbeknown to myself,but they had already made their decision as the reject letter was already posted,ALL INFO REQUIRED WAS SUPPLIED,AS STATED ,THE 15hr rule ,which was determined by but not mentioned by their PHONEY ASSESSORS ,is the reason for rejection,so on one hand they say you can work,yet on the other hand medical reports and Receiving a TPD mean nothing
Orchestrated and blatant discrimination
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Post by fedup on Mar 21, 2013 12:46:14 GMT 7
Under the United Nations Convention on the Rights of Persons with Disability (UN CRPD), people with disability should be free to move between countries and should have the same right to a good quality of life as every other person. The Australian government has ratified the UN CRPD, meaning that it should be held accountable to what it says.
Yeah right
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Post by wild1 on Mar 21, 2013 13:12:01 GMT 7
Fedup I am sorry the systems is crazy more often than not, from reading everything how can you not be classed as unable to work. I dont know what to do as far as applying for Unlimited Portability, I called today to inform them of my temporary absence from Australia, traveling to various countries I told them my booked date to leave I was informed I must be back by this date. After chatting for a little I mentioned to the social security staff that my Doctor and Psychologist would like me to spend more time away they were happy to put something in writing as traveling wrecks me,, I was told I had to contact international they may be able to extend it. So waiting for hours to speak to the first person I was too drained. I would like to know more of how anyone's condition is assessed by a quick JCA, my doctor has treated me for a decade. One would think the medication I take for instance, precludes me from the workforce, it stops me from driving, if I was to have an accident I would be liable.
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Post by Banker on Mar 21, 2013 14:21:27 GMT 7
I was granted dsp last year April,have posted somewhere else on hear as well.so I am on Dsp under the new rules,but,have recently applied for UP,as I have successfully claimed two Small TPD PAYOUTS and my small amount of super,waited ten weeks rang the clowns yesterday,said the 20pts was ok,and why the hell wouldn't it ,having been assessed last April under their new rules,imbeciles,but they reckon I can work up to 15 hrs week,wtf,sick of all this B/S 6 times I have had to submit the same medical forms except the last one which says no chance of improvement for next five years plus,and impairment will deteriorate ,6x =2 to lawyers for TPD claim and super withdrawal,and 4 to the imbeciles that can't read Asked me yesterday if I had any supporting medical evidence to back up my claim,wtf,four times they have recievedthe info the last two as said ,updated ,said they will ring the doctor.nearly lost the plot.rang complaints this morning more morns who couldn't care less Back in limbo Contact Welfare Rights about this and see if they can sort out some of the B/S for you.
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Post by fedup on Mar 21, 2013 15:07:02 GMT 7
@ wild one sorry to hear of your condition,in regards c/l,sorry nothing nice or positive to say there,and jca,don't even start me on that,I trust someone else can point you in the right direction,good luck and keep us informed.
@ Banker already been down that track,I will have to wait for centrestinks letter of rejection and file a FIO form which may unearth some inconsistencies.I spend more time defending something that I should not have to defend,as stated I first applied april last for dap was knocked back under the 15 hr rule,appealed it and won and was back dated over a months payments.now after the second JCA under the exact same guidelines and an update from my doctor from 2yrs to five years of not been able to work and a deterioration of my leg, it has been knocked back on the same 15hr rule,keep the dap because the 20pts is fine but deemed fit by centre stink to be able to work up to 15hrs.
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Post by wild1 on Mar 28, 2013 10:59:54 GMT 7
Hello All I am seeking some advice,, I have planned a trip away now I realise how short the time is I am allowed to be away from this great country of ours I have been onm the Dsp for over a decade with no reviews, I have left c/L to their own devices seems the more I contacted them the more things got screwed up. Can your past inabilty to work be your PITW previous inabilty to work, yes I can create terms like C/l. Would this be taken into account as me not being able to work has never been questioned. I have tried the admin work when crazy things were expected of me I explained to the manager These are the disabilities physical and mental I deal with, I was told well this is not the place for you. the funny thing was it was a goverment office that was supposedly setting a standard of zero tolerance for any discrimination.
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Post by wild1 on Mar 28, 2013 11:06:06 GMT 7
Sorry for the long post, I would like to know I have had a JCA that has been good enough for them in the past can I use that. Should I get my file under FOI before i begin. Can I get an independent JCA or a report by an Occuopational therapist. All my medical records they have past JCA can i just refer them to the past one. Is it worth trying to get UP based on the grounds I qualify as I meet all the requirements and have them prove otherwise. Its a hard choice i deal with anxiety and other things and a choice especially the right choice is difficult indeed. I dont know where to begin I know ask for the UP package they have my decade old medical records my old JCA I seee my doctor monthly so its just a matter of hey doctor care to fill in a form that may be rejected by an admin officer. Thank you for any help.
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Post by wild1 on Mar 28, 2013 11:11:56 GMT 7
Part 3 I am sorry early on I was sent to commonwealth rehabilitation services CRS after a while they said to me ok no more appointments for you..ok So I dont know what happened all the jobs I have had I got on my own, I felt no need to tell the employer I was disabled as the workplace cannot discriminate, these ventures back to the work force were not succesful. C/L would always tell me hey you dont have to work your not obligated to..it was always my choice they would tell me,, now it seems its a new world. any advice would be appreciated. Cheers
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Post by fedup on Mar 28, 2013 12:15:51 GMT 7
Hmmm
Tough one.wild 1.
This MERRYGOROUND is no fun,I can't comment on long term DSP recipients,only been on Dsp One year,declined first time I applied due to assessor claiming I could work up,to 15hrs,which I couldn't
I think in ALL cases with a review,try and get over and above all and any evidence ,that leaves no doubt as to your current state of health and the impact it has on NOT BEEN ABLE TO WORK,emphasis on NOT,for whatever legitimate medical or psychological condition you have,very hard to get a Good doctor ,mines new and to scared to write anything,so when I have my review,I will be a sitting duck.
He wrote a letter,but by looking at it ,it won't satisfy the pen pushers.
Make sure you have any new info that will enhance your case,and filter thru all docs to see if any may be detrimental,
After ten years you should be grandfathered,but with these clowns anything can happen
Good luck keep,us up to date
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Post by zorro1 on Mar 28, 2013 15:47:59 GMT 7
Hmmm Tough one.wild 1. This MERRYGOROUND is no fun,I can't comment on long term DSP recipients,only been on Dsp One year,declined first time I applied due to assessor claiming I could work up,to 15hrs,which I couldn't I think in ALL cases with a review,try and get over and above all and any evidence ,that leaves no doubt as to your current state of health and the impact it has on NOT BEEN ABLE TO WORK,emphasis on NOT,for whatever legitimate medical or psychological condition you have,very hard to get a Good doctor ,mines new and to scared to write anything,so when I have my review,I will be a sitting duck. He wrote a letter,but by looking at it ,it won't satisfy the pen pushers. Make sure you have any new info that will enhance your case,and filter thru all docs to see if any may be detrimental, After ten years you should be grandfathered,but with these clowns anything can happen Good luck keep,us up to date eport Terry I just completed my UP JCA. I can tell you for certain that they only asses you on your current medical report. She had the report in front of her and all of the questioning revolved around that report and there were no mention of previous medical reports
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