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G DAY
Oct 10, 2014 16:44:09 GMT 7
Post by Deleted on Oct 10, 2014 16:44:09 GMT 7
ACA, Oh brother, youve got no hope. Yes just like the real show. Cant tell the difference.
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G DAY
Oct 20, 2014 11:35:34 GMT 7
Post by jimmy55x on Oct 20, 2014 11:35:34 GMT 7
Ok, here is the latest. ARO rings today after about a month. Says fine we except you have 20 points across 2 tables. BUT you have not been in a program of support for 18 months. I say I was exempt with medical cert's. Well the time you are on medical certificates is not counted as time on a program of support. WHAT....... So this is the bottom line, too sick to do anything but have to be going to support. I am contacting welfare rights now.
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G DAY
Oct 20, 2014 19:08:57 GMT 7
Post by nomadic on Oct 20, 2014 19:08:57 GMT 7
As is mostly the usual case the ARO is a total liar and con person. Keep fighting them Jimmy. Do not believe a word they say is my usual advice. Go to every level of appeal if need be. Cheers.
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G DAY
Oct 20, 2014 21:46:47 GMT 7
Post by Banjo on Oct 20, 2014 21:46:47 GMT 7
You may be a bit hard there Nomadic, I've called him a rubberstamp and that's virtually what he does. He looks at the Centrelink decision and reconsiders it using the same yardstick, you have to be very lucky.
I have heard of cases where he's overruled Centrelink and in a personal case he changed the investigators decision in part to my favour but did not reinstate the pension. What I don't like about the review is that the decision is not sent to you in writing.
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G DAY
Oct 21, 2014 7:44:37 GMT 7
Post by Deleted on Oct 21, 2014 7:44:37 GMT 7
Hi Jimmy
Having only recently had a successful appeal, I can only encourage you to pursue your appeal. I was the same as you, had 20 points across two disabilities. Got the same treatment by ARO, lodge my appeal and went to SSAT. I was not successful there, however, I did gain some ground by them assessing me as unsuitable for work until age 65 (63 at that time). However, I cannot understate to you the need to obtain the most too highly. In my case, I found a consultive Orthopaedic Surgeon, paid for my MRI (which is nearly $500) but turned out to be the best decision I made. From the MRI he discovered 3 further disc ruptures (which explained why I felt I had been hit by a bus)
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Post by Deleted on Oct 21, 2014 7:54:41 GMT 7
Sorry Jimmy, I think my computer might need an exorcism. Continuing, his extensive and detailed report was in no doubt the turning point in my appeal. I might also say that this was done at the suggestion of a Legal Aid Solicitor attached to AAT loosely. I cannot enforce strongly enough that you will sink or swim on the strength and relevance of your report, in particular in relation to the disability chart - that is their Bible. Also remember that their emphasis has certainly changed since the Budget in May, they have become even more hard nosed as I see it. Your resilience and tenacity must remain strong. Many times I nearly gave up Jimmy, but would regather and continue on, eventually to success. You can do it I am sure. This forum was of great assistance to me, I urge you to continue to ask for advice and assistance - the people here especially the senior members, are there to sound advice and support. Good luck.
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Post by jimmy55x on Oct 22, 2014 8:11:51 GMT 7
Thanks everyone!!
Not going to give up, got hold of welfare rights. They are going to get someone to contact me. MOGO I think I will go and pay another Psychologist to write up another report. Maybe that will do it. Fingers crossed for SSAT.
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Post by jimmy55x on Oct 22, 2014 9:32:10 GMT 7
And this just in...... Hi Jimmy,
Many thanks for your email and apologies for the delay in getting back to you!
We too think this is unfair and as I can see you’ve heard, the Australian Greens won't be supporting these changes restricting those on a disability pension. And our campaign to protect vulnerable Australians from the Abbott Government's changes to social welfare programs is being led by Senator Waters' colleague, Senator Rachel Siewert. You can find out more about our position, and what Senator Siewert has been saying on this here.
You’re not the only one to contact us on this issue Jimmy and it’s great to know you’re on-side as we keep up the fight on this issue. Let’s hope that this part of the proposed changes (along with a number of other unfair changes) don’t make it through the Senate – that’s what we’ll be advocating for.
Kind regards,
Dominic
DOMINIC JARVIS Office Manager Office of Senator Larissa Waters
Australian Greens Senator for Queensland
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Post by fonze on Oct 22, 2014 9:38:43 GMT 7
I have a SSAT tribunal meeting end of november and will be representing myself, WRC say I am organised and they have limited resources to represent everyone, so good luck to me. I have 25 points combined across 4 tables, but havnt been under a support plan for long enough so 20 points under 1 is the goal. My doctor has written letter stating that my rating is severe in table 1, as I fit the required criteria as defined. he has me as moderate in 2 other tables but table 1 is the clincher
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G DAY
Oct 22, 2014 15:02:29 GMT 7
Post by Banjo on Oct 22, 2014 15:02:29 GMT 7
Good luck Fonze and Jimmy
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G DAY
Oct 25, 2014 11:41:50 GMT 7
Post by fonze on Oct 25, 2014 11:41:50 GMT 7
I got the Tribunal papers from SSAT friday, god its thicker than a bible lol. saw an interesting thing, my knee condition was classed as "fully diagnosed, treated and stable" in 2011. In later applications the job capacity asessors dropped the "treated" condition and my condition was no longer classed as permanent. They also made reference to the fact that I had travelled to Thailand without assistance, the ARO even named the amount of times, this one really takes the cake as I have been assisted both ends in a wheelchair by an airline carer, am still shakin my head over that one. My case will be heard 21/11/2014 at 10:30 so will just keep studying these papers I may call welfare review to go over them with me. cheers to all
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G DAY
Nov 19, 2014 10:50:23 GMT 7
Post by jimmy55x on Nov 19, 2014 10:50:23 GMT 7
Well here is the next part to the saga. SSAT got a lawyer to call me, said he didn't have much time. As he donates free etc. He spoke for about 30 minutes, and we went over what I know and have read. I told him my problem is I have not been on a program of support for 18 months. Then we went over the act of 2011 stating in section 2 that I am not locked in a program of support if EXEMPT. He agrees and says well on page 8 of your SSAT you should look at your medical certs in order as that will be a way of meeting your final step required. Well low and behold it comes to over 18 months of exemption. Feeling pretty good about that in ring WRC and speak to the lady that has been helping. Told her about the legal advice and she says well we haven't had much success trying this route. Now I am confused the law says one thing and I am getting told something else. If you are to ill to go any where and have been for a long time how can you participate in a program? You know there are more people out there like me, but probably don't have the skill to organise them selfs enough to combat centrelink. This is all wrong. The way the system has been designed is a total farce. Any ideas about weather my medicals will hold up?
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G DAY
Nov 19, 2014 12:34:08 GMT 7
Post by nomadic on Nov 19, 2014 12:34:08 GMT 7
Yes jimmy your story backs up what i have been saying for years now. You must get non C/L legal experts in the field to help you. They are the only ones who can say when C/L tells 100% untruths on all matters. C/L advise against talking to lawyers before your very first SSAT appeal for now obvious reasons. Listening to them cost me eight years of my life. Had I had got legal advice in 2004 i would not be here today. so in a way i'm glad i didn't because i now know things i never would have. Like the truth about C/L and all politicianss. No i promised i wouldn't swear. The lawyer or WR are the best people to ask about your medicals. Who was the lawyer the SSAT got to call you? Not a C/L one i hope. Do not believe a single word any C/L officer tells you. Good luck.
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G DAY
Nov 19, 2014 13:10:10 GMT 7
Post by jimmy55x on Nov 19, 2014 13:10:10 GMT 7
nomadic, SSAT gave me a legal aid bloke called Jim. He promptly informed me he does not have any interest in any government department and is not bios. I will keep you all informed as I go.
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G DAY
Nov 19, 2014 17:00:31 GMT 7
Post by nomadic on Nov 19, 2014 17:00:31 GMT 7
Ok, Jimmy legal aid are excellant and they have solicitors who are experts in centrelink law. You can trust them.
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