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Post by krystal on May 28, 2016 18:16:33 GMT 7
I didn't know whether to post this or not as it is a complete mess and it's not straight in my mind, so I couldn't write it down with some form of continuity.
But I'm going to give it a go. I'll break it into smaller posts/chapters. It's a novel .... Sorry
Lets start with some background.
BACKGROUND: I have 5 different impairments. The two major impairments I have had most of my life. I have worked around them and never informed Social Security / Centrelink about them, even when I worked for them.
In 1995, I joined the Air Force (no I didn't tell them either) however while training before going to basic training in Elizabeth, I tripped over a sprinkler on the oval and damaged my knee. This wouldn't have been a problem normally however, my knee was the only thing supporting the damage done to my leg in a car accident when I was three. After this I managed by giving up everything in my life I enjoyed doing - walking, cycling, netball, softball, ballroom dancing, theatre and my band. Without these activities strengthening my leg, my leg continues to get weaker. I now use a walker.
Just after the car accident when I was three, Princess Margaret Hospital diagnosed me with Strabismus (lazy eye). So they operated on the left eye to correct it. It didn't work. So they operated again. It didn't work. So they said, can't fix the left eye, let's operate on the right one and see if that works. I didn't. I had another two operations on my left eye and one on my right. None worked. All of this before I went to primary school. The end result was/is that if I look at text under 16 font I see two images of the text. These two images overlap and make it impossible to read the text. A couple more operations over the years as new technology emerged the last being in 2000. The upside of this condition is that I have a really good memory. Not wanting to have to read something over and over again, my memory seems to take up the slack. It's not a photographic memory by any standard, but I tend to remember what I've read or heard, at least in the short term. (Very handy for passing exams it seems)
So over the years I have changed jobs or done less hours to work in with my leg and eye fatigue.
In 2008 I was working around 20 hours a week but found I couldn't manage the hours any longer. At the same time my father was diagnosed with a terminal illness. Time to leave the job I couldn't do anymore and look after my father.
I thought it would be a good idea to do a few University units while looking after my father to keep my mind active and to get some social interaction with someone other than my father. I investigated both Centrelink and the University options and decided on applying for Austudy while enrolled in a course that didn't require me to be "on campus" for more than 2-4 hours a week. The University put me on a Disability Program of Support and converted all of my textbooks and gave me software/hardware that read the books to me. All lectures were available online. I had reserved seating in all of my classes/tutorials /exams. Any help I needed they gave.
Early in 2013, my father required much more intensive care so I withdrew from my studies, applied for carers allowance and spent the last 6 months of my fathers life spending as much time as I could with him looking after him at home.
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Post by krystal on May 28, 2016 18:16:45 GMT 7
DSP Application – Centrelink
In November of 2013, I realised that while looking after my father, my impairments had got to a point where I could not work more than a couple of hours a day and spoke to a Customer Services Officer at my local Centrelink Office. She completed a Disability Support Pension application and lodged it and gave me a form for my doctor to complete. The next thing I knew , I had to go into the office again to have a Job Capacity Assessment. At the interview, the assessor informed me that my doctor had only given them a specialist report regarding my vision and the impact statement she completed on the other conditions wasn't enough proof to warrant impairment points. I explained the situation about looking after my father so I hadn't visited any specialists in that time and the old specialists report were over 7 years old and had been destroyed by the medical practice.
JCA assessment January 2014 - 10 points for vision impairment, everything else needed specialist corroboration. Claim denied.
Appealed Appealed denied. Still needed more medical corroboration (At this point it is important to note that under law, if they say they need corroboration from a specialist, Centrelink is supposed to arranged it - they didn't)
Sent to a Senior Reviewing Officer for appeal. (In the meantime, I have been visiting specialists and getting reports that he has now got access to.) 8 months later, I get a letter from the SRO saying that he has tried to contact me and he has denied my appeal.
So I ring him. Me - You tried to contact me how? By letter? Him - No. Me - By phone? Him - Yes, twice Me - Did you leave a message Him - Uh, well No. Me - Well I apologise for my crystal ball not working can we discuss your decision? On the first page you have said you took the specialist reports into consideration. In the decision you haven't given me any impairment point because "you have not received any specialist reports".
Him - 'Well yes, because your vision impairment is only 10 point, I didn't have to take them into consideration because you hadn't been on a Program of Support.'
Me - But, I have been on a POS, it's right there in the original application and the correct forms have been filled out by the provider.
Him - "Well yes, but it's not a Centrelink POS, it has to be a DES or JSP in line with the Social Security Guidelines".
Me - On the first page you say you took into consideration the legislation that states it doesn't HAVE to be a Centrelink POS, only a POS that does the same thing as a Centrelink POS.
Him - "Well yes, but my decision has to be based on the Social Security Guidelines not the legislation and it's too late to change my decision anyway".
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Post by krystal on May 28, 2016 18:17:03 GMT 7
Social Security Administration Tribunal (SSAT)
Appeal to the SSAT Received Centrelink documents for hearing. Sent another 42 pages of documents to the SSAT that Centrelink hadn’t included.
At the hearing the Tribunal member said I hadn’t sent any documents. I show the receipt of submission. Mad run around while they try and find the documents.
Denied - reasons given. My vision impairment doesn't fit the 20 points as "with assistance and support I can move around unfamiliar environments independently". WITH ASSISTANCE AND SUPPORT, I can do something INDEPENDENTLY. When I went to school those two things meant the total opposite thing. If you need assistance and support to do something, you aren't actually doing it independently.
Also didn't give me any impairment points because the specialists report received, being the result of the original JCA asking for them, were not relevant to the impairments reported at the original assessment.
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Post by krystal on May 28, 2016 18:17:24 GMT 7
Australian Administration Tribunal (AAT) Appeal to the AAT First Step is the Alternative Dispute Resolution (ADR)
The matter is now handled by the Australian Government Solicitors (AGS) acting on behalf of Centrelink.
Stephanie the lawyer for the AGS and I turn up at the appointed time and meet the AAT Mediator.
Matters in Dispute Only 10 points for vision impairment No points given for other impairments Program of Support completion.
AGS stands by the decision the SSAT gave. So here we go again. The specialist reports were relevant to the claim period as they were a result of being asked for more specialist reports in the original JCA.
But you haven’t been on a Program of Support. Yes, I have. The complete record and required forms are in the T Documents. (T Documents are what the AAT calls the documents that Centrelink send to their lawyers of which both the AAT and I get a copy of)
Both the mediator and the AGS are surprised that these POS documents exist. Stephanie (AGS lawyer) asks for a 6 week extension to “get advice” on whether or not the POS is a POS under legislation.
Fast forward 6 weeks, I turn up to meet the mediator again. Stephanie has a cold and isn’t coming in but she is on the phone.
Her answer is “Centrelink has not changed their decision”. Me – Does that mean that the POS, in your opinion doesn’t meet the standard under legislation for being a POS? Stephanie – Centrelink has not changed their decision. Me – That’s not an answer Stephanie – It’s the only answer I can give you.
Mediator – Do you want this to go to hearing? Me – Yes
AAT Hearing
Before you go to a hearing, both parties are asked to file a Statement of Issues and Contentions (SIC).
I received an email from the AAT Registrar saying the AGS want a 3 week extension on the SIC’s to get further advice on the POS. I say No you’ve had 6 weeks during the ADR. The AAT give them the extension anyway.
After the 3 weeks extension is up, I received an email for a further 1 week as Centrelink hasn’t signed off on the SIC’s yet. I say No you’ve had 9 weeks, I think that’s long enough. Stephanie rings me direct and I allow another 3 days. The AAT give them the extension. The take another 12 days after the extension date to lodge their SIC’s.
TOTAL time in extensions – 12 weeks. I received the AGS’s SIC’s and replied to them sending a copy to both Stephanie at the AGS and the AAT Registrar and received acknowledgements that both parties have received my SIC’s.
Arrive at hearing but Stephanie isn’t there. A new lawyer (David) has taken over the case as Stephanie has left the AGS.
Hearing starts and the Tribunal Member says that both parties SIC’s have been entered into evidence. David interrupts and says He has not received my SIC’s. I show the receipt of lodgement. David – well, it’s been sent to Stephanie’s email address and Stephanie doesn’t work for us anymore. Therefore it’s not part of the AGS file and I have not seen it.
Hearing stops while David reads my SIC. The Member asks me a few questions about my impairments. David asks me a few questions about my impairments.
Member decides that CITW and Training can be dealt with by Post Hearing Submissions.
Me – I’m sorry but I thought a hearing is where you hear the evidence? Her – Yes it is. Me – Well I’m sorry, but in my SIC, I have covered my standing on CITW and Training. Her – But the AGS hasn’t had time to investigate what you’ve said so it’s best to deal with this in post hearing submissions. Me – So because Stephanie left and the AGS didn’t close your email account or bother to check if any documents of interest were on your email server, I, with a vision impairment, have to once again, instead of having my side of the argument heard, have to resubmit what I have already written in my original SIC? Her – Yes, exactly.
AGS’s Post Hearing submissions received and answered.
Letter from AAT - Appeal Denied Reason – “There is no persuasive evidence that she (me) cannot do a training course in the next 2 years”
At the date of the hearing, it had been 2 years since the lodgement of the original application and in that time Centrelink and 2 DES providers had not found a training activity I could do with my impairment. They did try and send me to one regarding resumes and interviews. Something I did about 5 times at University.
This activity consisted of filling out a 78 page workbook for 5 hours a day for 5 days. I couldn’t read this workbook so I asked them to convert it to digital format. They did this but then cancelled me off the course when I said I couldn’t read this workbook for 5 hours a day and couldn’t fill it out because they didn’t have the software that allowed me to.
This letter also states that if I want to appeal, I have 28 days to appeal to the Federal Court.
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Post by krystal on May 28, 2016 18:17:39 GMT 7
AFTERMATH My first question is “How the hell do I do that”? I ring the: -Citizens Advice Bureau (They don’t have lawyers that can help me) -Community Legal Centre (ditto above) -Legal Aid (Without knowing anything about my case , the advice I get is “Don’t bother if you don’t have $20,000 to pay for court costs if you lose) -Pro-bono Centre (Sorry it’s an excluded matter, you should ring Legal Aid)
Federal Member of Parliament office – Peter (office staff) – the member can’t involved because it’s illegal for the member to get involved in judicial decisions Me - I’m asking for advice on my access to justice not for the member to get involved Peter – I’ll ask and ring you back.
Wait a week and I ring the office back Sorry Peter isn’t here, I’m Kate can I help I explain the situation Kate - I’ll ring you back
Wait 3 days and I ring back Kate – Oh yes, I’m just waiting on the Shadow Minister’s office to ring me back Me – I asked for my Federal Member to give me advice. Kate – Well the member is in Canberra so I thought the Shadow Ministers office could help. I’ll ring them now and get back to you.
Wait another 3 days and I ring back. Kate – Oh yes , they said they would ring me today but haven’t yet.
Wait another 3 days and I ring back. Kate – Oh we’ve just been really busy here because the member is still in Canberra and we are expecting her back in time for an Australia Day celebration which we are preparing for. The Shadow Minister’s office hasn’t got back to me. I’ll ring them right now and ring you tomorrow. Me – Please do Kate, as I only have 2 days left to appeal.
She doesn’t ring. I ring her on the last day and get someone else in the office that says Kate has the day off and hasn’t left any message for me.
A week later the Shadow Minister’s office rings me. A week too late to appeal and tells me I should have rung earlier. I had every opportunity to get an extension of the appeal date if I told them I was asking for funding.
Did I know I could ask for funding? No Did I know I could ask for an extension? No
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Post by krystal on May 28, 2016 18:18:13 GMT 7
WHAT’S HAPPENING NOW Fighting the AAT for posting my confidential information on a public website when they said they would treat my sensitive information in line with the Privacy Act but now are saying under the AAT Act they don’t have to.
Reapplying for the DSP even though when I rang Centrelink, I was informed that if I didn’t have any new information Centrelink wouldn’t even look at my claim.
Trying desperately to get my Centrelink file updated The AAT made the decision that my vision is worth 20 points and I have a total of 45 impairment points but Centrelink says I have 10 points total. Apparently, because the AAT denied my DSP application, Centrelink gets the decision but takes no action. They only action files that change the decision on eligibility for DSP. Details aren’t changed if your eligibility doesn’t change.
Rung the AAT to ask why they haven’t changed my file. They contacted the Human Services Lawyer (AGS passed the file off) who rang me said she would get that fixed and ring me back. She didn’t so I rang her and was informed that she wasn’t in that group anymore and someone else is handling the file and she would get them to ring me. They haven’t
So that’s where I’m up to. And folks, I applaud you if you made it this far Thanks for reading.
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Post by gized on May 28, 2016 19:47:44 GMT 7
I am so, so, sorry for what you gave and are going through. In terms of the fed crt, you can do this yourself. Call the crt and ask for the process.
More importantly, get a new DSP app in.
I really am fusgusted on the manner you have been dealt with. You and many others on this forum.
Gized
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Post by murphy on May 29, 2016 6:49:12 GMT 7
Krystal, thank you for posting your story. I'm truly horrified at how you've been treated, and how the system has let you down. I wish you the very best at putting together your evidence for a fresh claim. Please keep us updated.
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Post by Banjo on May 29, 2016 6:49:43 GMT 7
Quite a remarkable journey, one that stands out even among our many members stories. Federal Court fees exemptions. Exemption From Paying Court Fees
General exemption
A body or person is exempt generally from paying court fees in a proceeding if:
the body or person has been granted legal aid for that proceeding from a State/Territory Legal Aid Office or an approved legal aid scheme or service (a list of approved legal aid schemes and services can be downloaded from this page); the person is the primary holder of a health care card, a pensioner concession card, a Commonwealth seniors health card or any other card certifying entitlement to Commonwealth health concessions; the person is serving a sentence of imprisonment or is otherwise detained in a public institution; the person is younger than 18; the person is receiving youth allowance, Austudy payments or ABSTUDY benefits; or the body or person has been granted assistance under Part 11 of the Native Title Act 1993 to bring that proceedings in the Federal Court by a registered body (see section 253 of that Act) or a person or body granted funding for that purpose under section 203FE of that Act.
Once a general exemption is established it continues until the proceeding is finalised, provided that there is no change in circumstances that alters the continued entitlement to that exemption. A body or person granted a general exemption must notify the Court if there is any change in circumstances which could alter that entitlement.
A body or person seeking such an exemption must complete an Application for Exemption from Paying Court Fees – General (available for download from this page or on request from each District Registry) and provide supporting evidence (for example a photocopy of their health care card, Legal Aid letter or Native Title Act funding letter).
Financial hardship exemption
An individual is exempt from paying a court fee which otherwise is payable in a proceeding if, in the opinion of a Registrar or an authorised officer, payment of that fee at that time would cause the person financial hardship. In deciding this, the Registrar or authorised officer is required to consider the individual’s income, day-to-day living expenses, liabilities and assets.
A financial hardship exemption is only available to an individual and, even if an earlier fee has been exempted, must be considered afresh on each occasion a fee is payable in any proceeding.
An individual seeking an exemption on the basis of financial hardship must complete an Application for Exemption from Paying Court Fees – Financial Hardship (available for download from this page or on request from each District Registry).
A decision of a Registrar or authorised officer not to exempt an individual from paying a fee on the grounds of financial hardship, which must be given with reasons in writing, is reviewable by the Administrative Appeals Tribunal. www.fedcourt.gov.au/forms-and-fees/court-fees/exemptions
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Post by Deleted on May 29, 2016 8:22:38 GMT 7
I'm sorry to hear of your ordeal, it really is like punching a brick wall sometimes trying to fight them.
I also have strabismus by the way and also had surgery which failed. Unfortunately mine gives me severe mental problems with social interactions, confidence, depression and anxiety. The first thing people look at is your eyes and I'm very conscious of it.
Anyway, you need to apply for DSP again but first get a specialist report for EACH of your conditions, it sounds like they are refusing you for insufficient medical evidence.
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Post by krystal on May 29, 2016 12:36:54 GMT 7
Thanks guys. The process is tiring and expensive but at least I know the pitfalls now. I will have a much better chance this time if I can just get Centrelink to update my file with the impairment points as the AAT decision states (20 points on one table - total 45 points). With all the paperwork/medical reports/specialist reports I have it's my turn to drown them in paperwork.
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Post by Deleted on May 29, 2016 13:34:27 GMT 7
With all the paperwork/medical reports/specialist reports I have it's my turn to drown them in paperwork. That's what I did in the end, drowned them in medical evidence and just kept reapplying. Even then I had to appeal to an ARO then go through the SSAT charade before they finally caved in and granted me the DSP. That's why I get so angry about the vermin at the Daily Telegraph calling us rorters, because I know just how freaking hard it is to actually get the pension.
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Post by krystal on May 29, 2016 13:49:05 GMT 7
Federal Court fees exemptions. Exemption From Paying Court Fees
General exemption
A body or person is exempt generally from paying court fees in a proceeding if:
the body or person has been granted legal aid for that proceeding from a State/Territory Legal Aid Office or an approved legal aid scheme or service (a list of approved legal aid schemes and services can be downloaded from this page); the person is the primary holder of a health care card, a pensioner concession card, a Commonwealth seniors health card or any other card certifying entitlement to Commonwealth health concessions; the person is serving a sentence of imprisonment or is otherwise detained in a public institution; the person is younger than 18; the person is receiving youth allowance, Austudy payments or ABSTUDY benefits; or the body or person has been granted assistance under Part 11 of the Native Title Act 1993 to bring that proceedings in the Federal Court by a registered body (see section 253 of that Act) or a person or body granted funding for that purpose under section 203FE of that Act.
Once a general exemption is established it continues until the proceeding is finalised, provided that there is no change in circumstances that alters the continued entitlement to that exemption. A body or person granted a general exemption must notify the Court if there is any change in circumstances which could alter that entitlement.
A body or person seeking such an exemption must complete an Application for Exemption from Paying Court Fees – General (available for download from this page or on request from each District Registry) and provide supporting evidence (for example a photocopy of their health care card, Legal Aid letter or Native Title Act funding letter).
www.fedcourt.gov.au/forms-and-fees/court-fees/exemptionsThanks for that Banjo. It's good to know. However, the exemption from 'Court Fees' (as it was explained to me by Legal Aid) doesn't cover 'Court Costs'. The Court Cost is the cost of the other parties solicitors and time that the applicant has to pay if they lose the case. I now know there is a way around this but it has to be done through the Commonwealth Attorney Generals office. And, of course, the forms that have to be filled out and lodged on-time for someone that can't read or fill out forms did pose a problem , so the advice I got was "Yeah, you need a lawyer to fill these out". So it came down to - I needed a lawyer to fill out forms to see if I could get a lawyer to fill out the forms I needed to fill out the forms to get an exemption from court fees and funding for a lawyer to fill out the forms. And around I go.
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Post by Deleted on May 29, 2016 13:55:15 GMT 7
Great story and I am sorry for what you have been going through with the process. The thing that CL and DHS seem to never except is people to keep fighting whenever they have wrong done people. Its good to see cases that are getting justice in the end. You inspire with the fighting their system you've been doing just for a fair go.
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Post by nomadic on May 29, 2016 19:24:25 GMT 7
Yes Krystal you have my utmost sympathy also and C/L have my utmost hatred. It took me 8 years to win my fight for U.P. so you must never give up either because if you do then evil wins over decency. I had many appeals including 3 at the federal court which really was difficult for a non legal mind. All i can say is to do it immediatly because if you leave it longer than the 28 days this will cause further massive head aches as it did for me. I would go into the court in person as they helped me after I tried doing it online ( only a rocket scientist could have done it), in my case i eventually found out through a pro bono lawyer getting my entire file that C/l had been hiding the fact that I was listed as manifestly disabled since the day of the stroke. Had they have aknkowledged this from day one i wouldn't be here today as my problem would never have occured in the first place. And it seems your story has almost as many lies and fob offs as I had. This is the most dispicable organisation in Australia history from mine and many others experiences and now yours. Ok, after all that I would advise you first to contact PILCH. Public interest legal clearing house. They will definately get a lawyer to call you and listen to your story and then possibly get a barrister as they did for me to help you for free with the court case. I didn't win because of an outragious legal technicality made by politicians so that when they lose they still win. Even the justice said it was illogical madness but it was the law. Hence my hatred for politicians these days also. The other option is to call the law institute in your state capital and ask them for a list of pro bono lawyers who specialise in Centrelink law. They will give you a list and they will listen to your story for an hour and if they think you have an injustice as the first one I called did they will work for you for free. As for court costs I didn't have a penny so was never asked to pay costs although it was mentioned a few times that i may have to. My last court case was in 2008 and it took another 4 years to finally win out with the lawyer being the champion. I pray you don't take that long and can hang in there as best you can. Best wishes from all.
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