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Post by tasjo on May 2, 2017 9:19:20 GMT 7
Just wondered if anyone has gone through a second AAT Appeal and can tell me if its 'usual' to just receive copies of the Legislation from CLink with no specifics that actually relate to your case?
I received Directions asking for specific responses and just a little confused as to why it would appear that all Clinks lawyer has to do is send another copy of the Legislation?
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Post by krystal on May 2, 2017 16:43:53 GMT 7
What legislation did they send to you?
The Statements of Facts, Issues and Contentions is what you should have received from Centrelink lawyers that you need to respond to.
The Statements of Facts, Issues and Contentions sets out exactly what the Facts of the situation are, the issues that Centrelink want the AAT to look at and then lists (as contentions) their explanation to why they didn't give you DSP in regard to each section of the legislation.
If this isn't what you got, I'd contact the AAT Registrar and see if they perhaps sent you the wrong file.
PS. If they did send you the wrong file, also ask for an extension to the Directions as now you have less time to respond.
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Post by tasjo on May 2, 2017 17:04:55 GMT 7
I'll check Krystal but I think the only thing I was sent was a 'Directions' document... the DHS documents were a full copy of the social security act, impairment tables and guidelines for their application.
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Post by murphy on May 3, 2017 3:19:11 GMT 7
Geez. So-called informal? These documents are used in civil litigation.
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Post by krystal on May 3, 2017 14:23:31 GMT 7
I'll check Krystal but I think the only thing I was sent was a 'Directions' document... the DHS documents were a full copy of the social security act, impairment tables and guidelines for their application. The Directions document would have come from the AAT. The DHS lawyers are using that well oiled trick of drowning you in paper. You can't respond to the Statement if you didn't receive it. I'd still ring the Registrar and ask if you actually received the Statement of Facts, Issues and Contentions from the DHS. It's your Case Manager at the AAT job to make sure both parties are fully informed and have ALL documents they need. "Yeah, Hi, It's [your name], Case no [should be on top of the directions letter]. It seems that I have not received their Statement of Facts, Issues and Contentions. I can't respond to the Statement if I haven't received it. As I haven't received it, could I please get an extension of 3 weeks from the date I do receive them so I have time to respond to it. Thank You" |
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Post by nomadic on May 3, 2017 18:53:04 GMT 7
Sometimes the AAT actually called me to see if i got the latest docs. They always seemed neutral and helpful to me.
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Post by tasjo on May 4, 2017 7:16:00 GMT 7
I've found the AAT to be good as well Nomadic, the only problem I have is that when they email documents to me they come up blank in my email. I've found a workaround with my Advocate though. Krystal - I'll have to check with them if its been sent but I dont really want to delay any further... having gone through the Act and Guidelines it clearly shows I should have been allocated 20 Points on one Table (their lawyer has helpfully highlighted the part I need to address lol) and I have advocacy supporting me. But I will request that they resend everything and will get my Advocate to ensure there isnt anything missing  |
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Post by tasjo on May 4, 2017 8:23:31 GMT 7
Ok... it looks like I do have a Statement of Issues in the original documents provided... its basically asking if the decision made by the AAT was correct.
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Post by krystal on May 5, 2017 2:20:00 GMT 7
Okay, well usually the Statement document will say why they don't think you should get DSP.
Usually, the Statement Document starts with the Facts (the road you've taken to get here - Original Application Date, Reviews etc) then come the Issues (these are the things that you and Centrelink don't agree on) and then the Contentions.
The Contentions will quote the issue, then the legislation, how they have applied it and (in the last paragraph) will say why they didn't give you the impairments points/POS qualification/less than 15 hours (whatever the issue is).
It is the Contentions part of that document where they state their reasoning why you shouldn't get the DSP and you need to respond to their reasoning with your own reasoning on 1) why their reasoning is incorrect and 2) Your reasoning why you should get the DSP.
Good Luck !!
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Post by tasjo on May 5, 2017 20:10:20 GMT 7
I think I just about have it all covered and going on the opinion of Advocacy and my employment service 'hopefully' Clink will make a decision at the 2nd conference. I have my POS exemption, support for 20 points on 1 table, medical support for mental health impairment and other backup for further points... will finalise my submission next week and get it all in prior to the due date.
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Post by tasjo on May 17, 2017 19:11:48 GMT 7
Crap... my GP has been off sick and my psychologist hasnt done her letter yet... I'm supposed to submit them to AAT tomorrow  hoping I will get an extra week now that my conference has been rescheduled... I'll submit the letters sent and hope they will accept a response after tomorrow... why cant things just go smoothly? |
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Post by tasjo on May 25, 2017 14:09:51 GMT 7
So... just a thought about the Appeals Process...
If Clink agree to grant DSP at the Case Conference does it make it less likely that they will Appeal the decision?
Just trying to get my head around the process before the call.
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Post by Banjo on May 25, 2017 19:55:50 GMT 7
Why would they agree to it at the case conference and then change their mind?
What would they appeal it to if it does not reach the AAT?
I'd say you would be pretty safe.
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Post by tasjo on Jun 15, 2017 22:02:27 GMT 7
Turns out that AAT can do very little when CLink decide to stall...
Apparently even though I was directed to provide reports from my treating doctors, they cannot accept them until they are reviewed by a JCA because 'my doctors reports should be confined to medical information because they do not have sufficient understanding that a JCA has'
They are now going to request that a JCA perform a review of all of the medical information and make a determination if I qualify for DSP. If they maintain their previous stance I go to a hearing 'sometime' this year.
Oh, and even though the AAT L1 awarded 25 points Clink will contend that the JCA Assessment of 15 points was the most accurate.
Give me strength...
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Post by murphy on Jun 16, 2017 0:52:32 GMT 7
Satanlink's newest stance is that "doctors reports should be confined to medical information"?! The Impairment Tables, while functionally based, are still medical in nature and use medical descriptors -- a medico who knows your conditions also can assess how they create an impact on your functional ability.
This ridiculous attitude flies in the face of the principles of medico-legal opinion in a judicial context. There's a reason people (defendants and plaintiffs) pay big bikkies for specialist medico-legal reports for insurance litigation -- it's the stuff courts are most interested in weighing up. I can't even imagine rocking up to court with a second rate allied health practitioner's opinion against a specialist's interpretation of where the complainant's disability lies in terms of legislation and/or insurance definitions.
Of course, the AAT is not court, and it sounds like Satanlink's lawyers are pulling this crap because they know DSPers (as you should be, tasjo) don't have the resources (financial and health-wise) to land the matter in Fed Court, where a JCA won't outweigh a medico. Satan's lawyers also know WRC have been crippled by defunding and can no longer run Federal Court matters, either. No wonder people hate lawyers.
There is still a chance your Member will not place more weight on the JCA report than evidence of your medical practitioners. Have you considered asking your practitioners to give in-person evidence? Every now and again we read decisions in which a medico has asked where the JCA got their medical degree -- that kind of comment being hugely influential on the Member's decision.
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hoping I will get an extra week now that my conference has been rescheduled... I'll submit the letters sent and hope they will accept a response after tomorrow... why cant things just go smoothly?
