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Post by em on Oct 20, 2019 14:48:33 GMT 7
That may be why you didn't get much help from the mp... Centrelink is a federal department and so you would need to speak to a federal mp. You should request your file through freedom of information, it will have your jca in it... When you apply to AAT you will get sent your file but it's worth having your own copy to make sure that it's actually correct. tasjo. I just looked up my local MP and he is a federal MP as well
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Post by Denis-NFA on Oct 20, 2019 15:02:08 GMT 7
emAs you are from WA you have Senator Rachel Siewert as one of your WA senators and would probably be where I would go. I understand that her staff are very knowledgeable and helpful also so even if you didn't speak directly to the Senator they will take all of your details and bring it to the Senator's attention. Her website is rachel-siewert.greensmps.org.au/ which has the contact details All the best.
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Post by tasjo on Oct 20, 2019 18:02:50 GMT 7
When was your DSP claim rejected em? Have you already applied for an aro review for this claim?
My advice would be to be specific with your requests to the mp, and as Denis said, given you are in WA, Rachels office could be a good option.
One thing I did when my claim was in was to contact both the complaints line, welfare rights and the Federal mp... Become the squeaky wheel... Keep questioning whether the review has been done, what the outcome is, why the information given doesn't match what you said at the jca... Get your FOI file and quote it back to them.
I understand about CFS and eds (connective tissue disorders run in my family) and having been diagnosed is a big step in your favour. I too was assessed for RA by a psychologist (who didn't know the difference between Ra and osteo arthritis) but eventually on appeal through the AAT my DSP was granted.
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Post by Deleted on Oct 20, 2019 18:10:23 GMT 7
Great advice re contacting Rachel's office guys. Senator Steele-John also could be a good bet considering what his platform is based on. That's the luck of the draw I guess em; two great senators from your own state. Not sure where you can make a complaint on the other mug's lack of action & empathy but, some one could very well know. Cheers bear
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Post by nomadic on Oct 20, 2019 19:07:28 GMT 7
I went to Senator Siewert's office in Perth and they understand what is going on. I spoke to a staff member. So I strongly advise a personal visit if you are in Perth. As well as your federal M.P. who is not your state M.P. As I said they must help you by law even though they are above it.
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Post by em on Oct 20, 2019 20:18:17 GMT 7
When was your DSP claim rejected em? Have you already applied for an aro review for this claim? My advice would be to be specific with your requests to the mp, and as Denis said, given you are in WA, Rachels office could be a good option. One thing I did when my claim was in was to contact both the complaints line, welfare rights and the Federal mp... Become the squeaky wheel... Keep questioning whether the review has been done, what the outcome is, why the information given doesn't match what you said at the jca... Get your FOI file and quote it back to them. I understand about CFS and eds (connective tissue disorders run in my family) and having been diagnosed is a big step in your favour. I too was assessed for RA by a psychologist (who didn't know the difference between Ra and osteo arthritis) but eventually on appeal through the AAT my DSP was granted. Thank you tasjo. I am glad you got DSP eventually. Yes thank god I have finally been diagnosed. That is what I am trying to do now.. I keep going after my DES provider to exit me just incase they give me 10 points across multiple tables, i keep ringing centrelink, writing complaints, as much as possible for my energy levels. II will email Rachel siewarts office soon. I put in an ARO review as soon as they denied me- I am not wasting any time. It hasn’t benefited me keeping quite and being knocked down by them all these years so now I am going in as hard as I can. So this time I said to put the review in straight away. I already found out that the JCA did not include my rheumatologist report in her assessment because it was submitted too late. So that will be added to the ARO. I will also get my JCA in the mail soon. In the meanwhile I am probably going to start a fresh claim as well soon. Just incase they to pull something like that I wasn’t treated and stabilised at the time due to me trying experimental treatments.
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Post by tasjo on Oct 20, 2019 20:39:07 GMT 7
One thing with the experimental treatments that may work in your favour is that it may not be classed as 'reasonable' treatment under centrelinks definition due to either the cost or the availability of it... It's something to consider but more for the AAT because (in my opinion) it's often not worth focussing too much on the aro review because they are just checking that there is nothing blindingly obvious that the jca should have done.
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Post by Deleted on Oct 20, 2019 20:40:12 GMT 7
em in case you haven't seen the actual tables, I'll provide a link to enable you to familiarise yourself with them. Cheers bear www.legislation.gov.au/Details/F2011L02716Getting your file is fairly straightforward, can be done online, ask for all information from your first interaction to current, provide a phone no. and it will take about one month. Details below:- How to make an FOI requestSubmit your request You can submit your request by post, email or at one of our offices. Your request must: be in writing state that the request is an application for the purposes of the FOI Act provide information about the documents to assist us to process your request provide an address for reply www.humanservices.gov.au/organisations/about-us/access-information/freedom-information
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Post by nomadic on Oct 21, 2019 6:31:26 GMT 7
em, like another member who is currently going through exactly the same thing and has now got legal aid helping them you should also give them a call. Try and fight it on as many fronts as possible. If legal people get involved then you will speed things up for sure. They only help if you are being wrongly persecuted. They have experts in Centrelink laws.
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Post by em on Oct 21, 2019 9:04:37 GMT 7
One thing with the experimental treatments that may work in your favour is that it may not be classed as 'reasonable' treatment under centrelinks definition due to either the cost or the availability of it... It's something to consider but more for the AAT because (in my opinion) it's often not worth focussing too much on the aro review because they are just checking that there is nothing blindingly obvious that the jca should have done. Thank you. Yes I gathered that it would be worth fighting at the AAT, but with Centrelink they are above their own legislation so no point fighting them on the details because they don’t care.
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Post by em on Oct 21, 2019 9:08:14 GMT 7
em, like another member who is currently going through exactly the same thing and has now got legal aid helping them you should also give them a call. Try and fight it on as many fronts as possible. If legal people get involved then you will speed things up for sure. They only help if you are being wrongly persecuted. They have experts in Centrelink laws. Thanks nomadic. I’ve been through the tables a lot of times now and technically I should be 20 points in exertion and stamina but it’s going to be harder for me to get this as sometimes I can not get out of bed but sometimes I can push myself to do things- resulting in severe flare up of symttoms in the following days. Unfortunately centrelink don’t seem to care for the finer details of their legislation and if you can do it sometimes then you can do it according to them, but I read that if you push yourself to do something because you have no help and it flares you up after then technically you can not do it. I have tried legal aid years ago and they denied me straight away without even knowing my case. They basically told me they are not taking any more cases for DSP as they are too overwhelmed. I will try again though.
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Post by em on Oct 21, 2019 9:17:43 GMT 7
em in case you haven't seen the actual tables, I'll provide a link to enable you to familiarise yourself with them. Cheers bear www.legislation.gov.au/Details/F2011L02716Getting your file is fairly straightforward, can be done online, ask for all information from your first interaction to current, provide a phone no. and it will take about one month. Details below:- How to make an FOI requestSubmit your request You can submit your request by post, email or at one of our offices. Your request must: be in writing state that the request is an application for the purposes of the FOI Act provide information about the documents to assist us to process your request provide an address for reply www.humanservices.gov.au/organisations/about-us/access-information/freedom-information bear. I have also developed extreme anxiety and fear about reading anything centrelink says about me. It makes me sick to my stomach to think that my JCA is coming in the mail and to see what they wrote. After falsely being called a hypochondriac by their psychologist and all the other things they have written in previous reports like that I am simply just suffering from “boredom and depressed mood”. Then on top of that the denial of how bad my conditions are and how they write at the end about how you will eventually be able to progress back into work and they put some ridiculous simplistic “barriers to work in” e.g like “confidence issues” when you are so sick you can not even get out of bed. It makes my head spin how anyone can write this garble. I know this one can not be as bad as the last ones because of the fact that I have 6 specialists now and a tonne of reports about my physical state and genetic problems, but still it all makes me sick to my stomach .
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Post by Deleted on Oct 21, 2019 9:28:20 GMT 7
I understand exactly em . I put off applying for mine for several years; for fear of reprisals mostly, though totally unfounded. I finally applied when I was due for my OAP....it was an eye opener! You do though, have the option to rectify incorrect information. As mentioned in another thread; your phone is your best ally, it allows you to record interactions for your own sanity and perhaps future reference.. Cheers bear
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Post by em on Oct 21, 2019 9:38:31 GMT 7
I understand exactly em . I put off applying for mine for several years; for fear of reprisals mostly, though totally unfounded. I finally applied when I was due for my OAP....it was an eye opener! You do though, have the option to rectify incorrect information. As mentioned in another thread; your phone is your best ally, it allows you to record interactions for your own sanity and perhaps future reference.. Cheers bear What is an OAP sorry? And how do i record phone convos. I can not find any apps on my phone for this.
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Post by Deleted on Oct 21, 2019 10:26:28 GMT 7
OAP=Old Aged Pension, the new designation is apparently just "Aged Pension"; something to do with political correctness(PC), anti ageism/ageist or some such nonsense.
My phone's for the last five years have had the option to record my calls; it's the same app. Cheers bear
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