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Post by hgwells on Jul 24, 2016 12:49:08 GMT 7
Thank you for allowing me to join. I've been fighting to gain dsp. This was third application.
Second application I was awarded 10pts for one condition and five for another, appealed and got 20pts but told only had 8mths of POS. so denied.
So I struggled to complete the POS doing more harm than good and struggled to keep our business afloat but eventually stopped working, practically bedridden with chronic pain, CFS and other health issues.
This time round I went to AAT after ARO on appeal stripped more pts away (only got 15) and the AAT assessor said I should be awarded 30pts, 20pts for one condition so don't need to do POS. I armed myself with drs supporting my evidence and got them to write how many pts I should be awarded.
My query is what happens now? Can centrelink still refuse my claim despite AAT's decision?
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Post by murphy on Jul 24, 2016 13:17:04 GMT 7
Welcome HG,
Am I correct in understanding that you have just received a tier 1 AAT decision awarding you 30 points, with 20 points on one table and a CITW (continuing inability to work)?
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Post by Banjo on Jul 24, 2016 14:07:48 GMT 7
Welcome to the forum.
I'm not sure about the new AAT split level system but the old SSAT gave Centrelink 28 days to appeal a losing (for them) decision, which they rarely did but enjoyed making you wait.
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Post by krystal on Jul 24, 2016 19:29:35 GMT 7
It depends on what the AAT decision actually says.
After waiting 6 months for Centrelink to update my impairment points they sent me a letter that still denied the claim because the AAT decision didn't state that I couldn't work 15 hours so Centrelink went right ahead and denied my claim saying I could.
I sure hope that it doesn't happen.
The procedure is the AAT send you and Centrelink their decision and then Centrelink are supposed to update their files to show whether or not the AAT decision affirms or sets aside the Centrelink decision. You get the decision from the AAT and then a letter from Centrelink.
If Centrelink doesn't appeal the decision, your payments should be backdated to the date of the original claim.
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Post by hgwells on Jul 25, 2016 8:58:51 GMT 7
Welcome HG, Am I correct in understanding that you have just received a tier 1 AAT decision awarding you 30 points, with 20 points on one table and a CITW (continuing inability to work)? Yes, the AAT assessor said I have an inability to work. 20pts for one condition outright. Just concerned Centrelink says I have ability to work. Thank you for responding. Forums are new to me! |
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Post by hgwells on Jul 25, 2016 8:59:40 GMT 7
Welcome HG, Am I correct in understanding that you have just received a tier 1 AAT decision awarding you 30 points, with 20 points on one table and a CITW (continuing inability to work)? Yes, the AAT assessor said I have an inability to work. 20pts for one condition outright. Just concerned Centrelink says I have ability to work. Thank you for responding. Forums are new to me! And at Tier 1 level. |
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Post by hgwells on Jul 25, 2016 9:01:26 GMT 7
Welcome to the forum. I'm not sure about the new AAT split level system but the old SSAT gave Centrelink 28 days to appeal a losing (for them) decision, which they rarely did but enjoyed making you wait. Thanks Banjo, I had a feeling that would be the case. Drag it out for the 28 days! |
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Post by murphy on Jul 25, 2016 9:07:27 GMT 7
Then yes, as Banjo said, they have 28 days to appeal.
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Post by hgwells on Jul 25, 2016 9:08:36 GMT 7
It depends on what the AAT decision actually says. After waiting 6 months for Centrelink to update my impairment points they sent me a letter that still denied the claim because the AAT decision didn't state that I couldn't work 15 hours so Centrelink went right ahead and denied my claim saying I could. I sure hope that it doesn't happen. The procedure is the AAT send you and Centrelink their decision and then Centrelink are supposed to update their files to show whether or not the AAT decision affirms or sets aside the Centrelink decision. You get the decision from the AAT and then a letter from Centrelink. If Centrelink doesn't appeal the decision, your payments should be backdated to the date of the original claim. Thanks Krystal, I had a feeling that was the case. Still concerned Centrelink will fight it but I was armed with strong evidence at Tier 1 level. I was disappointed I was stripped of pts for spine as noted in file unstabilised because physio listed New lower back pain despite rheumatologist listing it in his notes two years ago. Have to have shoulder surgery so hoping I don't have to keep fighting them. I don't have much stamina to keep fighting and I think they know that! |
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Post by hgwells on Jul 25, 2016 9:10:56 GMT 7
Thanks Krystal, I had a feeling that was the case. Still concerned Centrelink will fight it but I was armed with strong evidence at Tier 1 level. I was disappointed I was stripped of pts for spine as noted in file unstabilised because physio listed New lower back pain despite rheumatologist listing it in his notes two years ago. Have to have shoulder surgery so hoping I don't have to keep fighting them. I don't have much stamina to keep fighting and I think they know that! The decision was to be set aside and cannot meet POS due to impairment rating, accepts I can work 0-14 but says more reasonably 0-7hrs. |
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Post by murphy on Jul 25, 2016 11:02:25 GMT 7
You therefore meet DSP eligibility requirements. I have everything crossed for you that there's no appeal; you need to be able to rest and get your surgery.
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Post by krystal on Jul 25, 2016 11:41:52 GMT 7
I agree with Murphy. Sounds like the Tier 1 did their job and covered everything and you should be able to put the hoop jumping behind you.  |
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Post by Denis-NFA on Jul 25, 2016 21:57:33 GMT 7
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Post by hgwells on Jul 27, 2016 10:40:24 GMT 7
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