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Post by latindancer on Nov 27, 2013 18:06:31 GMT 7
When I did my SSAT appeal on residency a few years back I gave them nothing until I appeared. I then read the statement I had prepared, mine was only a couple of pages but it covered every point i wanted to make. Excellent, bro ! I did that in a civil court proceeding once....worked out myself that it was the best way to do it. I won my case.
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Post by Deleted on Nov 28, 2013 3:23:00 GMT 7
Obviously that was successful?
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Post by Banjo on Nov 28, 2013 7:20:35 GMT 7
Sure, I was one of the first to successfully appeal Centrelink's residency interpretation where they used frequency of travel as the only qualification.
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Post by Deleted on Nov 29, 2013 3:43:49 GMT 7
So Banjo, how often were you travelling to and fro. They have never given me what is acceptable but have hinted that 50/50 doesnt really cut it, there is a real underlying arrogance I have detected, even from SSAT when I asked the other day that I needed extra time to obtain an updated report from Ortho and also GP. In fact I have to back door the Ortho because he wont send stuff direct to clink, so I go through my gp off his reports. Didnt have any problems coping over a hundred thousand for 2 operations though, arrogance in the medical profession is alive and well also. At the moment, I stay here about 10 weeks then go over for 6 to Thailand.
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Post by Banjo on Nov 29, 2013 8:00:05 GMT 7
Basically under the pre-2013 system you could legally travel as much as you liked provided you maintained good Australia ties and had no overseas commitments, I had personal emails between senior offices obtained by FOI admitting this.
Since the 6 week portability came in the the only thing I have seen is a suggestion that 6 months in any 12 month period will be the limit. Currently I have not heard of anyone being cut off for exceeding this.
What you may perceive as arrogance could well be anger that the legislation has never given them carte blanche to enforce it as they see fit.
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Post by scallywag on Nov 29, 2013 9:16:22 GMT 7
"The third measure introduces new, more generous, rules to allow people receiving a disability support pension who have a permanent disability and no future work capacity to travel overseas for more than 13 weeks while retaining access to their pension"
Macklin used the words more generous but in fact they are very much less generous.
I remember these new rules were designed to stop jet setting pensioners exploiting loopholes, it now appears that those that were jet setting and didn't have ties to another country are more likely to retain portability.
what a funny upside down world it is.
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Post by Banjo on Nov 29, 2013 9:29:19 GMT 7
When I planned my appeal for refusal of UP I found a press release of Macklin's where she clearly says that
New, more generous rules from 1 July 2012, will allow people receiving DSP who have a permanent disability and no future work capacity, to travel overseas for more than 13 weeks while retaining access to their pension.
This is totally different to the "severe" qualification that Centrelink place upon it.
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Post by Deleted on Dec 2, 2013 16:17:48 GMT 7
Sure, I was one of the first to successfully appeal Centrelink's residency interpretation where they used frequency of travel as the only qualification.
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Post by Deleted on Dec 2, 2013 16:39:18 GMT 7
I underwent my telephone interview today with SSAT. The female interviewer was fair but thorough and I have to say I found it rather traumatic. One of the side effects of continual pain is a break down of your resilience. I do not hold out much hope as during the interview I was told they were bound by the rules of clink regarding qualifying for UP. I have read in these blogs that thee is more importance placed on 'work ability assessment' as opposed to severity of impairment and it is my view that this is loaded against the appellant. They go hand in hand I would suggest.ise I live alone, (rent a room) and have to look after myself. I cannot afford a helper here in Oz. I was advised that I would have a letter within 14 days, have my fingers crossed By the way, still waiting for my file from clink, passed by the date they told me I would receive it - what should I do now?
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Post by Denis-NFA on Dec 2, 2013 20:27:25 GMT 7
I underwent my telephone interview today with SSAT. The female interviewer was fair but thorough and I have to say I found it rather traumatic. @mogo51 ... it is meant to be traumatic... what else can it be when you are trying your level best to tell them what's happening for you in your life... if its passed by the date when you should have received information then call them... email them... ... every day. if 'they' told you it will be 14 days then remind them... every day over that.... they cannot just chuck a date out and then do nothing about it.... if you have the 14 days in writing then you actually have grounds to declare yourself the winner and proceed accordingly...
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Post by anotherdsp on Dec 2, 2013 20:36:25 GMT 7
to mogo, if the information you are waiting on is new evidence for your case i am suprised you were not giving an extension for your interveiw,maybe if it is relevant you can maybe try for another appeal based on new grounds?? just a thought?
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Post by Deleted on Dec 3, 2013 6:49:26 GMT 7
Thanks for the imput guys. The reason I wanted to get my original file was that it would show that I voluntarily underwent job searching when I lived in Sydney. I wanted them to see that I had co operated and wanted to get work, but was told I was wasting my time by the agency they used. I am not over and out yet with SSAT as I am awaiting their decision, but not holding my breath, as that would be fatal. It has generally been stated on this site that the best shot is the appeals tribunal and I will continue on until the 'end'. When I read some of the stories related here, I can't help but feel how poorly some of our members have been treated over the years but then I see what happens to the poor in Asia and although many get a rough trot = it could be a lot worse, we could have all been born in Phils or Thailand! I am staying philosophical and cling to the hope my appeal will succeed. I would not have gone this far if it were not for the administrators and other members on this site, to whom I am very greatful.
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Post by Deleted on Dec 3, 2013 6:54:09 GMT 7
Another query I have. It has been mentioned previously that many members have moved to Cairns for cost and I assume proximity reasons. I asked about the travel from Cairns to both Phils and Thailand - are you able to get to these places out of Cairns? I was also thinking that if there were a number of members up there, perhaps a discussion about a housing co op for those on the 6 week hurdy gury? Does anyone like this idea? It could work to our advantage and minimise costs?
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Post by Banjo on Dec 3, 2013 7:19:37 GMT 7
Cathay Pacific flies to Hong Kong and the members I know there seem to use this as a jumping off point to other Asian cities.
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Post by Denis-NFA on Dec 3, 2013 12:01:52 GMT 7
Another query I have. It has been mentioned previously that many members have moved to Cairns for cost and I assume proximity reasons. I asked about the travel from Cairns to both Phils and Thailand - are you able to get to these places out of Cairns? I was also thinking that if there were a number of members up there, perhaps a discussion about a housing co op for those on the 6 week hurdy gury? Does anyone like this idea? It could work to our advantage and minimise costs? Jetstar does a 4.5 hour Darwin-Manila 4 days a week (Mon/Tue/Fri/Sat) for around $400 return. The difficulty is getting cheap flights Cairns-Darwin and usually means about a 12 hour stopover at Darwin airport. Once you are in Manila you have access to all of S/E Asia via CebuPacific, AirAsia, CathayPacific, etc. Manila seems to be developing as a bit of a hub, similar to Singapore, by virtue of tourist trade and Overseas Filipino Workers. When I first got to Cairns I stayed in a backpackers until I got a room in a boarding house for 3 months and then got a 1 bed unit for the remainder. By virtue of living in a backpackers and a boarding house you are homeless and the Qld government do provide one off assistance with a repayable bond deposit and non refundable 2 weeks rent, which is bloody fantastic. I utilised the bond deposit to get into the boarding house opposite Cairns Central and the 2 weeks rent to help get into the unit. Check Qld govt website.
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