Newbie looking for some friendly advice 😊 Please

[necol]

I am already feeling alot more optimistic after finding this website. Its nice to know im not the only one feeling like im banging my head up against a brick wall when dealing with stresslink. I have been reading through previous posts and the support and kind words you all help each other out with is amazing. Hats off to an awesome website and its awesome members!

My journey with stresslink started back in July last year. I was diagnoised with MS back in 2012 and was working part-time until in June 16 when i physically could not do it anymore due to the progression of my MS and unfortunately osteoporosis and spinal degeneration secondary just to add to the mix. I also have 2 young girls who, and looking back now i harbour so much guilt, did not have a mother because i was so fatigued i was always asleep.

So with my drs support (they had been urging me to stop for the last 2 years) I applied for the DSP. At the time of submitting my claim C/L didnt have drs report for your treating dr to fill in, instead wanting all medical evidence, test results copies of xrays scans etc.
I gave them everything along with a letter from my dr.

Went through the standard waiting period, attended my scheduled JCA (i was over joyed to learn i was his very first assessment)

More waiting until finally i get a rejection letter in the mail with no explanation. I had to jump through hoops to get a copy of my JCA report.

I was only awarded 15 points on the tables
Table1 - Functions requiring physical exertion stamina x5 points
Table7 - Brain function x5 points
Table13 - continence function x5

Reading through the report, regardless off the result i was shocked at the errors it contained. In one section they have actually refered to me using someone elses name! Its like that whole section has been copied and pasted from someone elses report and they have forgotten to change the name.

So i appealed the decision based on the below
- I experience extreme fatigue which is accounted for in table 1. But under that banner also included in the awarded 5 points they have coupled my legs.
So under impairment table for lower limbs I have been awarded 0 points - all my balance mobility collapsing weakness loss of sentaion as per medical reports have been listed with a notation on the end saying refer to table1.

All my mri reports clearly state the problems in my spine regarding degeneration, fusion and buldging discs yet none of it was mentioned

And due to fact my JCA states while i was working workcover assisted which didnt happen obviously - i set the record straight i was actually assisted by the multiple sclerosis employment support services since 2013.

More waiting and then the review office contacted me to say she agreed with the original report
Back and leg problems are unrelated to ms apparently and im not in a wheelchair, she had never heard of ms employment support so they mustnt be government accredited and there it means nothing (they are) and when i mentioned politely about being called by someone elses name i was quickly told mistakes happen and if i could be bothered i could appeal to her again at a later date.

So i have put in another appeal and included all the ms employment help assessments, they visited me at work every 3 months. Luckily for me these are very detailed and provide all the barriers i have had to deal with in my employment, my last assessment while i was still working clearly states that moving forward the recommended weekly hours i would safely be able to work was a maximum of 8. All these assessments clearly have their government accreditations clearly stated at the top.

And now i wait again

Sorry i have just about written a novel. I really do appreciate you taking the time to read my story - thank you!!

Moving forward is there anything else i should be doing or any words of wisdom?

[brent62]

Hi necol. Welcome. Sorry to hear they rejected you. Having a disk fusion and disk bulging is like my case and I passed the review assessment even after the depression part, that helped to get me on DSP at the beginning, was no longer considered. I also had severe stenosis reported on all my cat and MRI scans. I think what helped was I had 4 years of backdated annual scans that showed every year my spine from C2 to C7 showed it was getting worse with initial statements marked "moderate" then eventually "severe" and considering it was 2006 I had my fusion 5 years before I applied for DSP. Do you have scans from the beginning that you can show over time? I also proved I had annual appointments with a specialist that will never cease. That's all can think off. Don't give up.

[Deleted]

G'day necol, welcome to the board, and just sit tight for the moment.

After you received your rejection letter have you consulted with your medical team about the failed application? Even if your back and leg problems aren't associated with MS I don't understand why they weren't accepted as part of your application.

From your OP it seems you have done all you can at the moment. I hope the MS employment help assessments will make them see the error of their ways, if not don't make any fast moves, keep reading the threads here to gain knowledge of your opponents and don't be afraid to ask questions.

There is a link to advocacy services at the bottom and the way "Stresslink" (love it) are acting up at the moment, I would be looking them up if called in. Welfare rights can also be very helpful down the track if needed.

finder.dss.gov.au/disability/ndap/

www.welfarerights.org.au/

Best wishes, cheers bear 

[Banjo]

Welcome to the forum necol, keep us updated on your situation.

[krystal]

Necol - lots of factors to be covered but what you need is to have 20 points under one table (any table will do).

The problem with the MS Employment Services is that it isn't regarded (by Centrelink) as a Program of Support if it isn't funded by the Commonwealth Government although the legislation Social Security Act s94(5) clearly states it is as long as it covers all of the things in Section 9 of the Social Security (Active Participation for Disability Support Pension) Determination 2014.

Social Security Act
www.legislation.gov.au/Details/C2017C00017

Social Security Active Participation
www.legislation.gov.au/Details/F2015L00001

If you can get your employment services provider to fill out the Centrelink Form SA437 Program of Support, it will have more weight at the appeal.
www.humanservices.gov.au/customer/forms/sa437

With the form covering the participation activity and the added points on the Spine Table and perhaps the Lower Limb Function table? (don't understand why that one wasn't taken into consideration as well) at least you've covered most of the criteria.

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On the JCA, did they refer you to a Disability Employment Service provider?

If the did, look at the JCA closely to see if they mention a DMS or ESS (it won't be in the same place as the referral to DES).

There are two management levels to a DES provider and being referred for ESS (as part of your DES) that covers the whole 94(2)b part of the Social Security Act.

Good luck.

[tasjo]

Hi Necol... I have had a similar experience with lower limb involvement being referred to as covered in Table 1. I was also similar to you in that initially following diagnosis of my Rheumatoid Arthritis I continued to work. When my employers ceased making any adjustments I was terminated from work due to being 'unfit'. It was suggested that I apply for DSP due to having both RA and other conditions. I have been rejected by the JCA, and ARO and have my AAT appeal on Monday.
A couple of things that 'may' help... do you have anyone that provides care for you on a daily basis? Do they receive Carers Allowance? If your income is under the threshold for DSP it would also be under for Carers. If you already have a Carer who is receiving Carer Allowance, the medical qualification for Carers Payment is already done. Its a much 'simpler' process to get CP if someone is already receiving CA.
See if you can see someone from Welfare Rights so that you can prepare yourself fully for each step of the process. The ARO should have advised you of your next step of Appeal, which is the Administrative Appeals Tribunal.
If you are not receiving any pension/payment currently (I am ineligible for Newstart due to receiving Income Protection) you can request a priority review due to financial hardship.
Also,check if your Super has either Income Protection or TPD (Total and Permanent Disability). TPD can be a large lump sum and MS (like RA) is sometimes considered as 'day 1' TPD.
Lastly, even though you are in the process of an appeal, you can reapply for DSP as well. Sometimes having the benefit of hindsight means you can get letters from your doctors/specialists that specifically addresses CLinks criteria and impairments.

[necol]

Hi guys, thanks everyone for your advice 😊
I just thought i would update and share my news.
I attended the AAT last month who disagreed with stresslinks assessment and was notified by stresslink last week that my case had been reviewed and i have now been awarded the dsp!

[Banjo]

Fantastic!

Makes it all worth while.

[Deleted]

Great news Necol !  

That's what we like to hear. Cheers bear.

ps Really like the Stresslink reference. Much more dignified than Satan. For Satan they may not he, though Stresslink, without a doubt.

[nomadic]

I was just reading from the beginning of your thread Necol and was getting towards the bottom thinking a long fight is ahead until i got to the good news 3 hours ago and saw that your first post was 6 months ago. I was about to write some general advice also but no need as it is again confirmed that Satan link is still a better name than stress link. They are all bluff and bull dust as we all know here. So anyone with a lesser health problem than MS is looking at years of fighting. 6 months to get DSP with MS shows how totally heartless/gutless they all are. 5 months and 29 days too long. All the best.

[krystal]

Great to hear Necol. One for the win column.