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Post by freakshow on May 9, 2018 13:14:28 GMT 7
I have appealed to the AAT level twice already. Last time I saw in my file that i accessed through FOI that an officer in Clink exercised their power as a delegate to overrule the JCA's stated work capacity rating in hours. There were NO notes at all as to why this happened - no reasoning given whatsoever - just that the person had authority to do it. It was spotted by the man presiding over the AAT hearing and the Clinks lawyer seemed to give no explanation save for stating that the unknown delegate did indeed have authority to do this. The AAT man quickly accepted it and moved on as if it was just another formality. I was astonished - but due to my situation chronic pain, anxiety, impecunity, my fronting with a relatively poorly supported/prepared case, and a growing distrust with the system I did not proceed to the Fed Court. They also had me on a time/date technicality with regards to providing supporting materials I think.
This time round I have at huge physical,emotional,financial cost prepared a very solid case without so many loopholes for them to exploit - although the very nature of pain is a loophole itself. Due to being seperated from my young family and kids in 2012 when the portability rules changed - I basically feel I lost close to everything and have endured homelessness/isolation/poverty(I still have to support my kids os) and greater and greater reliance on medications to treat my worsening pain/anxiety symptoms. It feels like an unjust and ongoing punishment with an uncertain end date. I will continue fighting to the absolute end because I don't have an alternative, although I'm still unsure about the Fed Court situation??
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Post by latindancer on May 9, 2018 13:56:01 GMT 7
It's very unfortunate for those with mental illness that our legal system is so adversarial. However appeals are sometimes successful. Someone posted here recently about their win. dspoverseas.proboards.com/thread/5516/cut-off-dsp-due-application?page=2It was not as high-level as yours though. You have done the correct thing and prepared well to not allow many loopholes this time. Prepare more paperwork....doctors reports etc. Judges must rely on things like this and the more the better. As your condition seems to have persisted for a number of years, this may also work in your favour....there is consistency.
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Post by tasjo on May 9, 2018 16:53:02 GMT 7
Freakshow... I dont know if its any help but I did manage to get an advocate for my DSP appeal once it got to level 2. Is there a way of seeing if you can as well? I'm fairly sure it helped to get my claim resolved prior to a full hearing as both myself and my advocate pointed out that the JCA and AAT had incorrectly allocated points. I'm not sure if it has changed my jca but for the moment am not rocking the boat. If it would help to have someone else read through your submission I would be happy to. As far as FCC goes I have been once on a Fairwork matter, I self represented there and found the mediation sessions less stressful than any Clink reviews or appeals.
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Post by latindancer on May 9, 2018 17:48:29 GMT 7
^ Good point. Freakshow, I too strongly recommend an advocate. You can go to your nearest (free) community legal centre and ask them for a list of advocates who mayb help you for free. Having a paralegal or legal person with you when you front up for a hearing will give you more credibility, and they may well prevent you from getting trounced...or another situation like what you described in your AAT. And by the way, you need to kick up a bit of a stink about that. Politely, but firmly.
Somehow you need to go about the whole process in a different manner from previously, as the results show that something did not work. And an advocate may help to do things differently.
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Post by nomadic on May 9, 2018 19:32:18 GMT 7
All i can add it take the fight all the way and you will win eventually. Albeit after needless stress. Take care.
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Post by freakshow on May 10, 2018 1:56:11 GMT 7
Thanks heaps to everybody that has posted, and to tasjo for your kind offer of assistance - I had a JCA a couple of weeks ago and just waiting to hear back about it. I did get some help from an advocate the last time round, but he was only keen to help scantily on the phone, and kept telling me that these cases are very hard to win. I tried to get some help at the university pro bono centre but they said they didn't have time for such a case. The woman at Welfare Rights was very impatient and distrustful of me and didn't want to support me in any way in a Portability case - she seemed to take Centrelink's side and told me not to attempt to challenge them in the Fed court. I went to my local member again and again and peppered them with calls but they were impatient and did nothing to advocate for me.
Things have only got worse and worse since I was seperated from my young uns - its almost unbearable but gotta keep the chin up, and everyone here on dspoverseas has made me feel more positive. I lived in Indonesia before the crazy legislation came in, and enjoyed constant warmth and company as other expat dspers would understand. I feel so cold and alone in Australia and missing seeing my kids grow up. Feels like I'm the subject of a grim social experiment or something. It is so so hard to return to Australia after a life filled with laughter, simplicity, spontaneity, respectful culture, light-heartedness, and humanity(lots of this haha). Having enough money to get by simply and be able to share a bit too made a big difference.
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Post by Deleted on May 10, 2018 3:24:09 GMT 7
Well said freakshow Yes many of us know just how you feel re the current legislation. Reading your post, was like listening to my own mind. The political culture here consider themselves landed gentry and convict overseers! Fascist pigs, oh...that's not being fair to pigs. Sorry! Welcome back. Chin up alright mate, cheers bear.
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Post by nomadic on May 10, 2018 6:36:44 GMT 7
I will send you a message freakshow. please check it and reply. cheers.
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Post by latindancer on May 10, 2018 8:45:43 GMT 7
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Post by nomadic on May 10, 2018 9:15:32 GMT 7
i have just sent a p.m. to lingus also.
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Post by elfinawe on May 14, 2018 10:46:41 GMT 7
I found that studying the relevent Impairment Tables & making sure that my & my GP's forms were clear about the levels of each impairment, & especially the major one, that would make or break my application. Apparently I was the last person to get re-assesed for portability under the GP report system. I understand that now only the Gov Doc is consulted. Still, it is important to stick to your story & insist on your level of impairment. I don't envy you!
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Post by nomadic on May 14, 2018 11:43:14 GMT 7
Welcome elfinawe. Do you a relevant story also. we'd love to hear it especially if you got UP.
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Post by Deleted on May 14, 2018 12:10:41 GMT 7
Welcome to the Forum elfinawe Ditto to what nomadic said. If you have any concerns, we'll do our best to help you work it out. Cheers bear
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Post by Banjo on May 14, 2018 14:05:40 GMT 7
I found that studying the relevent Impairment Tables & making sure that my & my GP's forms were clear about the levels of each impairment, & especially the major one, that would make or break my application. Apparently I was the last person to get re-assesed for portability under the GP report system. I understand that now only the Gov Doc is consulted. Still, it is important to stick to your story & insist on your level of impairment. I don't envy you! elfinawe how did you go after your pension was suspended last year?
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Post by latindancer on May 14, 2018 17:17:37 GMT 7
I understand that now only the Gov Doc is consulted. Still, it is important to stick to your story & insist on your level of impairment. It is indeed. In 2000 Centrelink told me that they wanted to assess me for DSP, and sent me to a government doctor. He was a very "old school" cynical Chinese doctor who I think came from Singapore, and the idiot hardly asked me anything, then dismissed me. I later heard that I was knocked back....and this was after Centrelink invited me to apply ! Just imagine what it is like these days ! I complained to Centrelink about his lack of care and virtually demanded to be sent to an independent psychiatrist of their own choice. They did so. He was intelligent, had empathy, and affirmed my major depressive disorder. So it does pay to stick to your story. But I do wonder about other people who the government doctor might have treated the same way, and who may not have had as much fight in them. Probably now homeless....
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