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Post by Banjo on Jan 13, 2017 16:26:45 GMT 7
I hope it did something for your state of mind to speak to someone sympathetic, or at least prepared to listen.
One of the most important things we do is help politicians like Rachel Siewert build up a data base of complaints and Centrelink mistreatment of welfare recipients. Never be frightened or even just not bothered to send them an email, it may not appear constructive at the time but it all adds up.
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Post by nomadic on Jan 13, 2017 16:28:07 GMT 7
Sorry Krystal i no longer believe you. you are writing a fictitious movie. No one can believe your story. OOPS! sorry, yes I do because it happened to me also but I think your story is more unbelievable even. If you are not successful there will be 1,00 angry forum members i think as we all await with bated breath. How can this happen in Australia. "The best country in the world" So why are 30,000 retirees living in Chiang Mai alone? Maybe all those Aussie who are up themselves havn't got a bloody clue. Sorry again, delete maybe. We are all glued to our devices as it feels like silence of the lambs when i was last on the edge of my seat. CARN KRYSTAL FROM ALL OF US.
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Post by Deleted on Jan 13, 2017 16:44:31 GMT 7
Krystal if ever there was a case for a job capacity assessor to explain their decision to the AAT this is it! She must really be a legend in her own mind to downgrade a tribunal members decision. Where do they find these people? Since you now have to explain all of this to a Government Contracted Doctor I've heard practise makes perfect. We all hope so. Cheers bear
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Post by krystal on Jan 13, 2017 18:10:17 GMT 7
Banjo - Didn't actually speak to Rachel. Hopefully the email will reach her. Lucy said that they only thing they can do is ring Centrelink on my behalf and ask what the situation is. Nomadic - What not even a Grrr ? Yes, they should make a movie - a comedy with Will Farrell as Christian Porter. Bear - Maybe I'll just storm (well wander in on my walker) into the Centrelink office and ask her Manager what the hell she means. All Your support as always is appreciated. Will talk to Centrelink Complaints Line (who promised they will look further into the matter and ring me tomorrow) and let you know what they say. Yes, they are going to ring me on a Saturday, because the guy that is returning my call has to work Saturdays as a casual for Centrelink for 4 years and Centrelink won't make him permanent and has refused him a pay-rise for the past 3 years.
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Post by Banjo on Jan 13, 2017 18:13:29 GMT 7
Nice to deflect your problems with his own...
No we seldom get to speak to the top level, they have people for that. They usually get to parliament themselves eventually though so hopefully we can teach them something first.
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Post by snooks on Jan 13, 2017 18:54:47 GMT 7
I am so sorry kyrystal, i hope you can overcome this somehow. (Huge Hugs)
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Post by Deleted on Jan 14, 2017 3:12:04 GMT 7
Happy to read you're seeing things a little more upbeat than yesterday arvo. I think you had us a little worried, but it appears you've got your Grrr's back. lol Nice strategy re the manager by the way! Cheers bear
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Post by murphy on Jan 14, 2017 6:08:03 GMT 7
Krystal, would you say you're well known to your local Centrelink? The way this new application is going, it seems as though they are deliberately f#cking with you.
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Post by Banjo on Jan 14, 2017 9:49:46 GMT 7
I just received a personal email from Senator Siewert seeking further information; as I had not sent Krystal's name with my email I informed her that she had rang and had been asked to email a full statement.
I thanked her for her concern on our behalf.
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Post by krystal on Jan 14, 2017 11:04:21 GMT 7
I am emailing her with more details. I just wanted to wait for Centrelink to call me back to have the full story.
And this was the story -
Downgrading DES-ESS to DES-DMS
Gee, we don't know why that happened. Seems counter-intuitive to downgrade your support when you are more qualified for DSP than you were previously.
We will send an "action notice" to your Centrelink Office and 'ask' them for an explanation.
Impairments and impairment points
The JCA has given you enough points to qualify for DSP (if the doctor agrees). The AAT decision is only current for 4 months. So because the points don't agree with the AAT decision and the impairments listed and assessed are incorrect is just a matter of whether the paperwork is correct or not.
If you are granted the DSP on the basis of the JCA - the details in the paperwork are irrelevant. !!! (Yeah, cause it's not the details in the paperwork that instigate a review is it?)
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So - where I am
Go to the (really hard to get to) Government Doctor on Monday Wait for someone from my Centrelink Office to contact me about the DES -DMS/ESS category change. Ring my new DES-DMS provider and say it will take 1 train, 3 buses, a walk of a kilometer and 70 minutes to get there, so sorry I can't make the appointment. Wait for my Centrelink Office to explain why I was changed from ESS to DMS and if they are going to change me back or not.
And then I hope: -that the Doctor agrees/allows the DSP application. -that Centrelink changes my DES back to ESS -that my old DES provider can accept me back and they haven't taken someone on in my place and don't have the resources to accommodate me anymore. -with all this re-shuffling they just don't mess up and sanction me for not making my DES appointments/ not fulfilling my mutual obligations of my Participation Plan (which I don't have at the moment).
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Post by krystal on Jan 14, 2017 11:08:39 GMT 7
I just received a personal email from Senator Siewert seeking further information; as I had not sent Krystal's name with my email I informed her that she had rang and had been asked to email a full statement. I thanked her for her concern on our behalf. I am going to email her further information. I might just include a link to this particular forum topic. She has a long flight to Canberra coming up and maybe she could do with some reading material.
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Post by tasjo on Jan 14, 2017 18:02:25 GMT 7
Krystal... I'm a bit confused... the AAT lvl1 awarded you 40 points and 20 from 1 table. I know you have probably answered this before but why wasnt DSP granted at that point with no POS requirements? Or was the JCA due to one of the review letters? Its worrying that a JCA can override something with a severe rating and consider it a 0
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Post by krystal on Jan 15, 2017 0:18:55 GMT 7
Tasjo - Let me explain In January of 2016 I had a AAT Second Review in which I was awarded a total of 40 points with 20 on one table. Unfortunately, the hearing did not go well (and I mean The Tribunal Member broke every rule of law regarding procedural fairness and consideration and application of legislation possible). The Tribunal member did not hear or examine anything regarding whether I could work 15 hours or not. The Tribunal member did not make a decision on whether the POS I had been on was a POS (Centrelink denied this part because it wasn't a Centrelink POS). The Tribunal member made the decision that she did not find any persuasive evidence that I couldn't do a training activity in the two years from my original application. EVEN THOUGH, at the time of the decision it had BEEN two years since my original application and Centrelink and 2 DES providers couldn't find a training activity I could do with my impairments. The Tribunal Member actually said that the training activity "did NOT have to exist". So the Tribunal member decided that it was quite reasonable for me to go back in time the 2 years that had just past and do an imaginary training activity. AND THEN the Tribunal member failed to consider the second part of the training activity subsection in the legislation that says if the person is considered to be able do a training activity, but the training activity will not allow the person to work independent of a program of support (Centrelink had already agreed that this was the case) they qualify for DSP. So my AAT second review went like this: - Didn't get a fair hearing or had my case heard - Had to get into a paper war with Australian Government Solicitors with written post-hearing submission (A firm of 280 lawyers and 450 administration staff with unlimited funding against me with a vision impairment) - The Tribunal Member applied one subsection of legislation incorrectly - And then disregarded and did not consider the second part of the same subsection. The Tribunal affirmed the Centrelink decision, Centrelink filed the decision away and did not act on it. After 8 months of fighting with them, Centrelink updated their system to reflect the AAT impairment points but continued to say I could work more that 15 hours because the AAT hadn't heard that part of the case. The new JCA decided the AAT decision was incorrect and put their own impairment ratings on the system. See - nothing to be confused over
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Post by Deleted on Jan 15, 2017 8:34:59 GMT 7
Aww Krystal what a comedy of errors. Now I understand about Will Ferrell as Porter. It can all be so funny when the horror show ends.
Cheers bear
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Post by nomadic on Jan 15, 2017 9:03:16 GMT 7
GGGRRRR! Maybe bears do growl but not in comparison to a Satan link customer. No not a comedy either. I use to think Yes Minister was best comedy ever until I dealt with politicians and realized it was drama rather than comedy. A show based on truth. GGGRRRR! Sorry bear you are a bear who deals with them also so maybe your growl is no 1.
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