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Post by nomadic on Jun 5, 2016 19:11:09 GMT 7
Hi Krystal again, just been rereading your posts from AFTERMATH again. Brings back 100% the memories of all the lies the politicians told me. They work like this to wear us down with fob offs and lies. One of their tactics is that when you speak to Charlotte and she says I will get back to you. Then as happened to you I rang back because they didn't. Which Charlotte did you speak to as we have two. An old one and a young one. She sounded young I said. Sorry it is her day off. I would love to know if Shorten ever had two Charlottes working for him as this is an odd name to begin with. Another one had two Julies. A canberra staffer once told me this is a common rort if they want to get rid of you. Oh, she doesn't work here any more or we have just had an office renovation and things have been lost. These are just a few of the lies I was told also. Everything your member told you was lies i have no doubt also. Is it possible to go in person to see them possibly with a witness and document everything they say to you. These really are the most horrid people on the planet. Very depressing to read it all and makes me angrier than ever that it is still going on.
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Post by krystal on Jun 6, 2016 15:26:45 GMT 7
It's way too late to do anything about it. I only had 28 days to lodge an appeal.
The Labor Federal Member I approached is retiring. The first pre-selected candidate was sacked. The new pre-selected candidate probably would listen however I have just been informed that my electoral boundary has changed and that Federal Seat isn't my Federal seat anymore.
The new boundary states I live in a (safe) Liberal seat now. The sitting member for the Liberal Party was NOT pre-selected for the upcoming election. He is now running as an independent and has been sacked from the Liberal Party (although he says he still follows Liberal principles). The new pre-selected Liberal member is the Former West Australian Liberal Party director (Maybe I'm just skeptical but I don't think he will be concerned with my plight).
The Labor candidate is unknown and hasn't started her campaign for the seat. The Green member has just released a book about conservation and sustainable development which I find ironic as the seat he is running for used to be bushland and pine forests when I first lived in the area (He has also lost the last two elections to Liberal).
I think I'll just have to let things lie and the waters calm before I approach anyone again.
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Post by nomadic on Jun 6, 2016 18:48:06 GMT 7
Please dont give up Krystal. This is how they win many times. If you were late with your appeal because you were given the run around then explain it to the tribunal as you should be able to get a time extension if you have a valid reason. Did you contact the law institute as I suggested. This is by far your best bet. Then if no lawyer can help you I can't suggest anything else.
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Post by krystal on Jul 11, 2016 16:52:13 GMT 7
Update:
I rang Centrelink complaints (2 weeks ago) after spending four hours not getting my questions answered, my complaint was upgraded and someone would ring me back !!
Today they rang me back. My Questions were: 1) Is the DES program I am on considered a Program of Support? 2) Why after the AAT upgrading my impairment ratings hasn't Centrelink updated their Medical Conditions Page on my file to reflect the new impairment ratings?
The person that rang me back didn't actually have the answers and left me on hold while she asked someone else. 3 hours later after speaking of both questions the answers I received were:
C/L Customer Service: "From what I have been told (word of mouth, I can't find the policy for it), the Program of Support you are on through your DES is considered a Program of Support only for Newstart and not for the criteria regarding a claim for DSP. So if you claim DSP again and don't meet the criteria for 20 points on one table , you will need to do ANOTHER 18 months on the POS."
Yes, they do mean the exact same POS that I have been on for the past 3 years.
Questions 2 was not answered although she did confirm my impairment ratings hadn't been updated and promised to talk to the person that last updated the file and will ring me back on Thursday.
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Post by murphy on Jul 11, 2016 17:44:37 GMT 7
I hope you can get 20 on one table, not that I would wish a severe impairment on anyone, but after what you've experienced it would mean one less horrible hoop to jump through.
A DES offering PoS for Newstart but not DSP smells bad to me...
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Post by nomadic on Jul 11, 2016 18:56:10 GMT 7
AAAAAHHHH!. words again fail me. Have you thought of contacting the ombudsman also? My experience with them has been totally futile but maybe worth a try and mention this forum to them if you do also.
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Post by krystal on Jul 18, 2016 14:33:38 GMT 7
UPDATE:
This morning: Centrelink rang me back to say that they will send me a letter stating what my current impairment points are on their system. They also suggested I make another DSP claim as soon as possible.
This afternoon: Received a Centrelink letter in the mail saying my Disability support claim has been rejected !?! on the basis that they have assessed me as being able to work more than 15 hours a week in the next two years.
I haven't made a claim since 2013. Who assessed this CITW, using what information? In the next two years from what date? Shouldn't there have been an assessment where I was present for them to make that claim?
I am so stick and tired of these ..... (I won't type what I'm actually feeling right now).
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Post by murphy on Jul 18, 2016 18:11:18 GMT 7
Oh bloody hell.
I would submit another complaint.
I would also submit another DSP claim.
I know this is far easier said than done, but based on your posts it seems the best course of action.
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Post by krystal on Jul 18, 2016 18:32:13 GMT 7
Another complaint has been lodged and with that this is where it get sticky.
Apparently, because of the claim (that I haven't made) has only just been rejected and is still in the "appeals" time frame, I can't make another DSP claim until the "appeals" time allowed has expired. That's 13 weeks.
Not that I was going to make another claim before my 18 months of Program of Support activity is up (just in case they don't want to go with what their records show in regard to impairment points) which is up in 4 weeks.
I have been told waiting the 4 weeks is futile because my Newstart PoS isn't the PoS I can use to be eligible for DSP.
Now they are saying I can either appeal the decision on the claim (that I didn't make) or wait until the appeal time frame is over (13 weeks).
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Post by murphy on Jul 18, 2016 18:43:13 GMT 7
Maybe do a FOI request seeking a copy of all DSP claims you've submitted? The absence of a recent claim form would surely establish you didn't make another claim. (I followed Banjo's instructions over in the "getting your file from Centrelink" thread and got a response (and document) in 8 days.)
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Post by nomadic on Jul 18, 2016 18:57:18 GMT 7
Krystal, everytime i read your posts I tear my last few strands of hair out. I can only repeat what i have said many times already. YOU NEED LEGAL HELP. Only yesterday Murphy put up a list of links on where to start for legal assistance. I now see you as having no chance if you continue to fight alone. I did this also for 8 years and finally found legal experts to see me win out. Had i have got legal help from day one my saga would never had happened. I was always in the right but they treated me the same as they are now treating you. They have no morals that is 100% certain and they are trained like this for sure. Please seek help and never give up.
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Post by krystal on Jul 24, 2016 19:59:14 GMT 7
UPDATE: I got a call from Centrelink (Disability Area) today. Yes today Sunday morning to be exact. The nice lady that had to work Sundays explained to me because the Tribunal member didn't specifically state in the AAT decision that I couldn't work 15 hours, Centrelink did an internal review and have decided I can work 15 hours (regardless of the fact the AAT increased my impairment points from 10 to 35). This now also has the impact that if my doctors and specialists reports DON'T explicitly say that my functioning has deteriorated, my DSP claim will be rejected outright with no assessment on the basis that if the impairments haven't deteriorated I can still (according to Centrelink) work more than 15 hours and therefore don't qualify. And around we go. And here's another cute bit. The lady said they have posted out a new claim form for DSP. Posted you say? Yes we posted it to you on the 19th, haven't you received it? No I haven't received it but even when I do receive it, you know with my vision impairment and all I WON'T BE ABLE TO READ THE DAMN THING !!!!
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Post by murphy on Jul 24, 2016 20:09:02 GMT 7
You need legal assistance. These guys connect people with free legal services in Vic and NSW. www.justiceconnect.org.au/Basic Rights in Qld may be able to hook you up. QPILCH also connects people, as does NSW PILCH. www.qpilch.org.au/WA has these guys: probonocentre.org.au/legal-help/pro-bono-referral-schemes-and-organisations/ SA: www.justicenet.org.au/Tas: lst.org.au/public-info/pro-bono-clearing-house/
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Post by tasjo on Sept 6, 2016 21:43:07 GMT 7
Krystal... I have been through Federal Circuit Court for a different matter and if you are in Vic or NSW can highly recommend JusticeConnect. Their advice enabled me to self represent and settle a matter at mediation. I'm only at the start of my CL appeals but have gone through a similar process fairly recently
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Post by krystal on Sept 7, 2016 15:37:37 GMT 7
Thanks Tasjo but I am in WA where the equivalent is "LawAccess" that has already said that "Welfare rights and social security" is an "excluded matter" and therefore will not consider an application for assistance.
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