|
Post by brent62 on Oct 30, 2016 17:53:57 GMT 7
Wow I just read this and am speechless. Everything has been turned upside down and inside out and you still hang in there because you are simply right. Your a champ mate. The collusion from C/L is nothing short of Machiavellian in its design.
"The world is grown so bad, that wrens make prey where eagles dare not perch." Richard III
|
|
|
Post by Banjo on Dec 27, 2016 8:05:36 GMT 7
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Dec 27, 2016 11:30:52 GMT 7
|
|
|
Post by krystal on Dec 27, 2016 14:43:49 GMT 7
Thanks for the thoughts and support guys. I really do appreciate it. You may have missed that I reported on another board that I actually won the Confidentiality Issue thing. Okay here's the news. I received by email a Confidentiality Order on my case decision (11 months and a few grey hairs later) The decision has been taken down, redacted and has been re-published under a pseudonym with all doctors, specialists and witnesses also given pseudonyms. So yah!! Turns out the 17 page submission to the Office of the Australian Information Commissioner stating that the AAT has breached Australian Privacy Principles 1, 2, 5, 6, 8 and 11 when read by the AAT instigated the issuing of a Confidentiality Order. Who would have thunk it! I have made another Application for Disability Support which turned out to be 94 pages long. My JCA is on the 5 January. So here we go again. Have a feeling your thoughts and support are going to be badly needed in the near future.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Dec 27, 2016 14:59:33 GMT 7
Thanks for the thoughts and support guys. I really do appreciate it. You may have missed that I reported on another board that I actually won the Confidentiality Issue thing. Okay here's the news. I received by email a Confidentiality Order on my case decision (11 months and a few grey hairs later) The decision has been taken down, redacted and has been re-published under a pseudonym with all doctors, specialists and witnesses also given pseudonyms. So yah!! Turns out the 17 page submission to the Office of the Australian Information Commissioner stating that the AAT has breached Australian Privacy Principles 1, 2, 5, 6, 8 and 11 when read by the AAT instigated the issuing of a Confidentiality Order. Who would have thunk it! I have made another Application for Disability Support which turned out to be 94 pages long. My JCA is on the 5 January. So here we go again. Have a feeling your thoughts and support are going to be badly needed in the near future. Yep totally missed it krystal but that's the news we've all been wishing for for you. Congratulations. With the New Year right around the corner, hope it will be a happy one for you. So well done for sticking it out! Oops spoke too soon. All the best for Jan. 5th and success in your DSP application for 2017 Cheers bear Edit: just fixed the quotes bear, they can be difficult when multiple posts are included. Banjo
|
|
|
Post by krystal on Dec 27, 2016 15:23:44 GMT 7
Thank you Bear
|
|
|
Post by Banjo on Dec 27, 2016 15:59:49 GMT 7
It just goes to show that justice (and commonsense) is achievable at all levels of the system.
Giving up and being trampled should NEVER be an option.
|
|
|
Post by nomadic on Dec 27, 2016 18:47:53 GMT 7
well done Krystal also but i did see that you won. wow 94 pages. I just sent 30 to ombudsman and some media which i thought was heaps. But between 2004 and 2013 i accumulated about 5 kilograms of docs. How many dead trees is Satan link responsible for? You must get DSP because i don't like to be GGGRRRRing too much.
|
|
|
Post by Denis-NFA on Dec 28, 2016 14:32:49 GMT 7
I have made another Application for Disability Support which turned out to be 94 pages long. My JCA is on the 5 January. So here we go again. Have a feeling your thoughts and support are going to be badly needed in the near future. krystalMy thoughts and well wishes are firmly and strongly and definitely with you. I cannot begin to understand what you have been through and I wish I could think of some way I could concretely help you apart from this forum. But you have done your research. You have done your homework! Never give up. When all else fails do not lose faith in yourself. All the very best.
|
|
|
Post by snooks on Dec 28, 2016 15:17:50 GMT 7
Kick butt Kyrstal, I do believe that the "Goodies" always come out on top in the end so I have no doubt that you will be flying high Lets make this the great start to 2016 that we all want.
|
|
|
Post by krystal on Jan 5, 2017 12:46:36 GMT 7
I've decided to keep my ongoing saga in one place. So next chapter New DSP Claim - (three years after the first one)
So after fighting the first claim up to AAT second review level and not being able to find a pathway to access the Federal System, I was kind of dubious about ever putting another claim in.
But as I can't work without interventions and then only for 10 hours and Centrelink insists that I look for work for at least 16-22 hours a week, I decided to go around again.
So I lodge my claim 94 pages in length that I can't upload online or through upload documents without splitting the file into 3 separate files and doing three uploads because even if you follow the directions on the upload page and make the files less than 5Mb, the Centrelink system combines them and says the file is to big. Surprise, surprise a Government Website doesn't work. Colour me shocked.
So after I lodge my documents I toddle off to my DES provider as I was told to do by Centrelink Phone Customer Service. When I get there they are shocked as Centrelink has cancelled my support with the DES provider while my claim in being processed. Neither Centrelink or my DES provider thought that maybe I would be interested in this information. Doh!!
I get a letter saying I have a Job Capacity Assessment. This happened today.
The first statement/question the assessor asked was "So this is your first DSP Application"? I looked stunned for a second before answering "No, it isn't. YOU did a JCA for my first application three years ago and it has just been finalised at the AAT level."
Yes, the assessor that did my JCA and denied my claim three years ago is the assessor that is today was doing my JCA.
She left the office returning with both her original JCA from three years ago and the AAT decision. Her next question was "So has anything changed"?
I was really tempted to say "No, but you got it so totally wrong last time, I thought I'd see if I could correct it" ..... but I decided to bite my tongue and not shoot myself in the foot and the very beginning of the assessment.
Anyway an hour later after talking about my functionality of my impairments, she spends the next 20 minutes grilling me about when I was studying. "How much study did you do?", "Were you full time?", "How many hours did you study in a week?".
I was tired and I may have messed the answers up a bit, but at least I will have something to base my appeal on if she comes back with "If you can study for that long, you can work for that long" (which is a whole different story and to long to tell here).
Still a little peeved and disappointed that she sat there with her own 2013 assessment report in front of her basing her questions and follow-ups on what she had written three years ago.
So now I sit back and wait (thoroughly expecting the assessment to be a carbon copy of the 2013 one) for the letter from Centrelink about my claim.
|
|
|
Post by Banjo on Jan 5, 2017 13:37:44 GMT 7
I'm convinced that the first line in the Centrelink staff training manual is:
"Never admit that you're wrong".
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Jan 5, 2017 13:59:32 GMT 7
krystal I think I can say from all of us here, "Hope you don't have to wait too long, and receive a desirable (the right) outcome." Best Wishes... I've already been chastised over the use of another euphemism. Cheers bear lol
|
|
|
Post by snooks on Jan 5, 2017 18:18:55 GMT 7
You know, this shit is so ridiculous that something really has to be done about this:( You cant be made to suffer like this, much less being made to beg to be treated like a reasonable person and not a con artist, because it really isnt right. U I dont know what, i dont know how, but we have to bring about changes and get these DSP assesments done more fairly. We have to
|
|
|
Post by murphy on Jan 6, 2017 3:33:33 GMT 7
Krystal, your AAT tier two decision involved, in my view, an error in law -- failing to consider s94(2)(b)(ii) -- which I believe would have been scrutinised if the matter had gone to the Federal Court.
S94(2)(b)(ii): if the impairment does not prevent the person from undertaking a training activity--such activity is unlikely (because of the impairment) to enable the person to do any work independently of a program of support within the next 2 years.
My recollection is the member just decided you could do a training activity because your medicos didn't expressly write that you couldn't, and finalised the decision without considering the second limb of the test.
It sounds like the JCA had made her decision (sorry, I hold little hope, based on your description) and you'll end up at the AAT again. While the AAT won't scrutinise the first AAT decision, you stand a chance of a having the law properly applied this time. It may not even go to a consideration of s94(2)(b)(ii) if your medicos have stated you cannot undertake a training activity.
We are all pulling for you.
|
|