Well good folks of this forum, I found out who the DHS Caller was, he was DHS Litigation Team.
No resolution, it was about the impending Conference with the AAT.
But, I am now not liking my chances. He is going to send me a Dr Doctor letter for my GP to fill out (he ain't the most happiest bloke in regards to doing stuff for this). He has to fill out how my impairments affect my function what treatment I had at date of cancellation, what treatment is planned.
I told the DHS guy, that no amount of therapy or surgery is ever going to gain any significant improvement in 2 or 5 years. What don't they understand about INOPERABLE and I told him I could go to the chiropractor, he could realign my spine but it is not going too cure it or make any significant improvement. I had extensive rehabilitation for six years through workcover, I told him I now have to live with my condition and my life is managing my pain from what I learnt at pain management. Why would you keep wasting doctors and specialist time when nothing can be done. I told him no Orthopaedic Surgeon wants to see you just to write a report for Centrelink or to see you when nothing can be done unless they can operate. So because I have had no current treatment, I think my chances are looking very slim. The tear in my disc is never going to heal and cannot be operated on, I just have to live with it and manage my pain.
My tumour sheath, cannot be taken into account, (even though its been growing for 20 years) because it wasn't treated and diagnosed at time of cancellation. Living in a remote rural area it wasn't easy getting CT and MRI scans to be put in, I got them in in time for the Health Advisory Unit person, who I believe didn't know how to read them or understand them.
Then we get to the AAT 1 report, the Professor of Physiotherapist (who is also an impairment assessor for WorkCover, Tac) his report is basically being thrown out because he is not Medical Doctor, as per the Tribunal member saying that they at the tribunal are 'Medically Qualified', and he wrote an incredible 7 page report. But the JCA was a Registered Nurse, don't know what the ARO was, the Professional Health Unit person was an Occupational Therapist and the tribunal member was a Rheumatologist. I still feel my physiotherapist was still pretty qualified more than some of them.
Then he got onto the part where the Member says I was exaggerating, where my self-described inability to hold a cup of tea or making a sandwich, which is true, he said seems extreme and inconsistent with such low level treatment, then it goes on about my daughter (which I don't have) getting me to the toilet on a bad day. Why my back pain would limit moving my arms is hard to understand, but it is true.
I am not on strong opiate medication (cause of my one kidney) but because of pain management techniques I manage it.
I told him that by the time the member had got to this line of questioning, my pain had increased and I could tell by the line of questioning, what type of report would be written - things that are all wrong. I know this is now going against me, but they've done it with every report.
I have looked at an AAT 2 report - Farrell vs Secretary 2017 and he hadn't even done pain management and he got his dsp back.
This report had given me some hope, but going by what they want - I think my dsp is going to be GONE.
Also, he said I notice your not on any payment, you could be on Newstart and something to the effect that if your not on Newstart and you win you won't get back payed - does anyone know if this is right?
Does anyone know if there are any AAT cases where there hasn't been recent treatment or therapy.
Apologies for another essay, but they seem to just keep moving the goal posts. Not feeling good about any of this.
