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Post by Banjo on Sept 19, 2015 8:00:11 GMT 7
I'm not quite sure where this 'extreme' disability/impairment comes from, s94(3B) only refers to 'severe impairment' - i.e. 20 or more points under one table. The impairment tables certainly refer to 30 points = extreme impairment, but if the threshold to overcome is severe impairment (20 points), I'm not sure what the relevance of 30 points or more is - does it come down to funding a carer or something? Manifest grant?
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Post by scallywag on Sept 19, 2015 8:12:19 GMT 7
I'm not quite sure where this 'extreme' disability/impairment comes from, s94(3B) only refers to 'severe impairment' - i.e. 20 or more points under one table. The impairment tables certainly refer to 30 points = extreme impairment, but if the threshold to overcome is severe impairment (20 points), I'm not sure what the relevance of 30 points or more is - does it come down to funding a carer or something? Manifest grant? I was thinking the same thing but no table is necessary for manifest.
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Post by Banjo on Sept 19, 2015 9:15:25 GMT 7
True
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Post by ferdieguba on Nov 20, 2015 18:14:36 GMT 7
The form which I was given has no reference to points or level of impairment? The form has I think space for 2 illness. Should I call Centrelink and ask them if this is the correct form? Forgot to say I am on DSP and this is for a review.
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Post by Denis-NFA on Nov 20, 2015 19:57:31 GMT 7
The form which I was given has no reference to points or level of impairment? The form has I think space for 2 illness. Should I call Centrelink and ask them if this is the correct form? Forgot to say I am on DSP and this is for a review. ferdiegubaIt will probably be the correct form as 'points and level of impairment' is like, secret Centrelink business. They assess your points and level of impairment based on the medical evidence and your interview at the JCA review. If you haven't got the current impairment tables they can be found at Part 3 of the following, www.comlaw.gov.au/Details/F2011L02716If you have more than 2 impairments then just get your medical doctor to photo copy extra pages, which is what I did. All the best.
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Post by ferdieguba on Nov 20, 2015 20:09:02 GMT 7
The AUS109 form is much better as that form describes level of impairment, my form just has a line for 'ability to function'. I have quite few injuries which are not only permanent but also they are getting worse.
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Post by snooks on Dec 7, 2016 6:09:48 GMT 7
I get puzzled at things eg. I have lower back pain and to get 20 points, one of the requiremets is "(c) the person is unable to bend forward to pick up a light object placed at knee height; or " The concern that i have is that i can and still can, lean forward slowly and pickup say 3-4kg bottle. The problem then is that for the next 2hrs it is going to kill me and hurt like hell but yeh, i can do that. So what do i do? Lie and say i cant? Act and say i cant? Or tell the truth as i have above and risk non-compliance?? There is little to no flexibility in these tables
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Post by scallywag on Dec 7, 2016 6:42:52 GMT 7
guides.dss.gov.au/guide-social-security-law/3/6/3/40When determining whether the person is able to undertake the activities listed under the descriptors, consideration must be given to whether the person suffers pain on undertaking the activities. For example, under the 20-point descriptor, if a person is able to remain seated for 10 minutes but suffers significant pain on doing so, it should be considered that the person is therefore unable to remain seated for at least 10 minutes.
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Post by scallywag on Dec 7, 2016 6:44:46 GMT 7
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Post by snooks on Dec 7, 2016 6:52:06 GMT 7
Thank you scallywag, that makes me feel a whole lot more confident.
It also makes commonsense which is not something that i am used to when reading the govt stuff (lol)
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Post by dswau on Dec 7, 2016 10:45:04 GMT 7
Yes, it's all about the 'or' and then considering the other factors - and it may be that you meet more than one.
I'm 20 points under brain function following a couple of brain haemorrhages. When I read the impairment tables I too don't see where I fit it, but I've been tested by a neuropsychologist twice and have a top neurosurgeon. I had jumped through every rehab hoop before I even applied for DSP. It was approved with no 'face to face' JCA or questions at all. I figure that I am no longer capable of understanding the assessment.
That being said, I work 25 hours a week, have no mobility issues and manage memory issues with apps, post it notes, emails to myself etc. Once my income is taken into account I get very little DSP but I know that I am at my limit of working hours.
If your pension is approved, then put that to one side, think of it as a safety net, and concentrate on hopefully improving your condition if possible, or devote more time to yourself, and doing things for you. Once I did this, I found myself much happier and at ease.
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Post by snooks on Dec 7, 2016 11:14:27 GMT 7
I look forward to spending more time with the wife and keeping her company a bit more. The extra few dollars between the DSP and Newstart makes a huge difference.
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Post by seajae on Dec 7, 2016 12:10:30 GMT 7
guides.dss.gov.au/guide-social-security-law/3/6/3/40When determining whether the person is able to undertake the activities listed under the descriptors, consideration must be given to whether the person suffers pain on undertaking the activities. For example, under the 20-point descriptor, if a person is able to remain seated for 10 minutes but suffers significant pain on doing so, it should be considered that the person is therefore unable to remain seated for at least 10 minutes. My assessment when I applied for was 25 points, this was without all the associated problems I actually suffer included, they had also agreed at that time that my work assessment was 0 to 7 hours a week. At the original portabilty interview I sat for 10 minutes, although I was constantly changing my position on the chair to alleviate the pain, the 20 something interviewer decided I did not qualify using the sitting as the base reason, the pain involved did not come into it, this was in 2011, he also dropped my assessment to 15 points, raised my work assessment to 14 hours per week with it building to 22 plus hours(mind you this is with severe degenerative disc disease and constant sciatica) and cancelled my DSP. At the first review my DSP was reinstated(25 points) and with all the doctors/specialist reports taken into consideration they agreed that my future work assessment was that I could work for 30 minutes a day(2.5 hours a week) but again portability was denied, I was eventually awarded portability 9 months later when the review panel used the actual medical facts as their base and were able to judge the amount of pain & difficulty I suffered in my every day life. Centrelink go out of their way to deny us if they can, I really think those applying need to let their injury dictate what they do and not push through any pain during any interviews or tests, they will simply use it against you.
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Post by krystal on Dec 7, 2016 14:15:31 GMT 7
I get puzzled at things eg. I have lower back pain and to get 20 points, one of the requiremets is "(c) the person is unable to bend forward to pick up a light object placed at knee height; or " The concern that i have is that i can and still can, lean forward slowly and pickup say 3-4kg bottle. The problem then is that for the next 2hrs it is going to kill me and hurt like hell but yeh, i can do that. So what do i do? Lie and say i cant? Act and say i cant? Or tell the truth as i have above and risk non-compliance?? There is little to no flexibility in these tables This is covered under Part 2 of the Impairment Tables s11(3): 11 Assigning an impairment rating
(3) When determining whether a descriptor applies that involves a person performing an activity, the descriptor applies if that person can do the activity normally and on a repetitive or habitual basis and not only once or rarely. Example: If, under Table 2, a person is being assessed as to whether they can unscrew a lid of a soft drink bottle, the relevant impairment rating can only be assigned where the person is generally able to do that activity whenever they attempt it.
Your best answer is "Yes, I might be able to do it once or very very rarely. I certainly cannot do it normally, repetitive or on a habitual basis".
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Post by Deleted on Dec 7, 2016 20:03:23 GMT 7
I have 2 impairments that are fully diagonised , treated and stabilised.. 20 points for ist impairment, and the second impairment , which a specialist , stated as FDTS, was not accepted by Centrelink HPAU, as i was told , it hasnt been long enough , one year is not long enough , even though the specialist said i will have impairment for more than 5 years.
I also have several other impairments , that my GP said are FDTS. This is my battle .... and like many others here , we should not be put through this .by Centrelink.
Do Lawyers or Doctors win at AAT for us ?
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