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Post by Banjo on Feb 10, 2014 19:28:13 GMT 7
A member pointed out this clause in the Guide which we don't seem to have discussed, or at least I've forgotten it if we have. Comments?
Sustainability of workIn assessing capacity for work, it is expected that a person will be capable of reliably performing work on a sustainable basis, that is, for a reasonable period of time without requiring excessive sick leave or work absences. In this context, a reasonable period of time generally means 26 weeks and work means work in open, unsupported employment. Sick leave or absences of one month or more (in total) taken in any given 26 week period are considered excessive. guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.6/ssguide-3.6.3/ssguide-3.6.3.05.html |
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Post by Denis-NFA on Feb 10, 2014 20:32:03 GMT 7
I don't recall discussion on the sustainability aspect as such Banjo. Most discussion I recall has been to do with just meeting the points allocation aspect and whether a person can meet the less than 2 hours per week or 15 hour rule or the 30 hour rule. But its an interesting aspect that I had not seen before and further reinforces for me that The Guide is a continuing work in progress and nearly a full time job just keeping up with the changes made. I certainly do not recall anything in The Act that relates to this but if that's their interpretation then it should help an applicant. |
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Post by Banjo on Feb 11, 2014 7:51:22 GMT 7
Like most of the guide it is open to interpretation, it does not specify the type of work; someone who has worked at a trade or laboured all his working life may be able to sit at a desk for a few hours a week but the chances of him getting job doing that are next to none.
Retraining is all very well but putting a 50 year old through a computer course then expecting him to compete on the job market against recent graduates is just silly, as is denying him the DSP because he COULD do something IF he could get a job in that field.
Anyone told this by an assessing officer should point out that the term "work in open, unsupported employment" should only apply to something they can be reasonably be expected to get a job in.
Just playing with thoughts here.
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Post by Denis-NFA on Feb 11, 2014 9:20:54 GMT 7
Like most of the guide it is open to interpretation, it does not specify the type of work; someone who has worked at a trade or laboured all his working life may be able to sit at a desk for a few hours a week but the chances of him getting job doing that are next to none. Retraining is all very well but putting a 50 year old through a computer course then expecting him to compete on the job market against recent graduates is just silly, as is denying him the DSP because he COULD do something IF he could get a job in that field. Anyone told this by an assessing officer should point out that the term "work in open, unsupported employment" should only apply to something they can be reasonably be expected to get a job in. Just playing with thoughts here. I totally agree with you Banjo. My only point about the Guide is that I don't believe that this 'guidance' was there when I joined the forum and first became aware of the guide. But after reading this section, and thank you to whomever the member is that brought it to your attention, I have looked back on my interview for Unlimited Portability and now realise that if they had refused I would have overturned that on appeal. |
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Post by Banjo on Feb 11, 2014 11:53:29 GMT 7
Permanency of conditions & impairments
The Tables can only be applied after a person's medical history has been considered.
In deciding whether the Tables should be applied, the following should be considered:
whether a person has a permanent medical condition,
whether this condition has an impact on the person's ability to function (impairment), and
whether the condition and the impairment are both considered permanent.
Note: The Tables can only be applied if the medical condition and the resulting impairment are both considered permanent for DSP purposes.
For DSP purposes, permanent medical condition does not mean condition that is indefinite or incurable. For DSP, a condition is permanent if it has been:
fully diagnosed by an appropriately qualified medical practitioner (this includes an appropriate specialist), and
fully treated, and
fully stabilised, and
is more likely than not, in light of available evidence to persist for more than 2 years.
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Post by Banjo on Feb 11, 2014 12:00:46 GMT 7
Assessing functional impact of pain
There is no Table specifically dealing with pain.
Acute pain is a symptom that may result in a short-term loss of functional capacity in more than one area of the body.
Note: Chronic pain is a medical condition and where it has been fully diagnosed, fully treated and fully stabilised, any resulting impairment should be assessed using the Table that is relevant to the function affected.
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Post by Banjo on Feb 11, 2014 12:02:59 GMT 7
Information that must be taken into account in applying the Tables
The following information must be taken into account in applying the Tables:
the information provided by health professionals specified in the relevant Table,
any additional medical or work capacity information that may be available, and
any information that is required to be taken into account under the Tables, including as specified in the introduction to each Table.
Generally, people claiming DSP must provide a report from their treating doctor in support of their claim. This report provides details of:
the diagnosis of the person's medical condition, including date of onset and whether the diagnosis is confirmed,
clinical features including history and symptoms,
past, present and future/planned treatment,
compliance with recommended treatment,
impact of the condition on the person's ability to function, including whether this impact is long term or temporary, and the expected effect of the condition on the person's ability to function in the next 2 years (prognosis),
any supporting information or reports that are available to the doctor, such as X-Rays, specialist reports or pathology test results, and
periods of hospitalisation.
This report is the primary source of evidence used in determining whether the person's medical condition and its resulting impairment are permanent for DSP purposes and, consequently, whether the impairment arising from this condition can be assigned a rating under the Tables.
The person claiming DSP is responsible for obtaining all relevant medical evidence in support of their claim. Where the person indicates that they have a medical condition that is not listed in the report from the person's treating doctor, they should be asked to provide medical evidence detailing the diagnosis, treatment and prognosis of the condition. This may involve requesting the person to obtain further information from the person's treating doctor or another doctor or specialist.
Generally, medical evidence from the previous 2 years should be used, however, if the medical evidence is not recent, it may still be useful depending on the person's condition and whether the information is representative of the person's current level of impairment.
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