Sick note not accepted

[boxr]

I got a letter from centrelink today, i think it has something to do with a sick note i uploaded a week ago. Its about the 5th one ive uploaded over the past couple years.

Its says after careful consideration im not exempt from mutual obligation. And then further down the list it says reason is that the medical evidence shows that my incapacity to work is not temporary.

Im not sure what to do, my doctor put on the sick note "exacerbation of existing condition". Should i just turn up to job network while i continue trying to get the DSP?

[Deleted]

boxr I know very little on this subject however; I give you my two cents worth, for what it's worth.

1. "After careful consideration I'm not exempt from mutual obligation"....perhaps this because your provider hasn't exited you on health grounds. Are you with DES or Job Search? Probably different criteria to exit either!

2. Reason (I'm not exempt) is that the medical evidence shows that my incapacity to work is not temporary. That's incongruous with Centrlink, disingenuous as well.

Let us know more about where your up to with your DSP application, and if your with an able bodied job network provider or DES, someone could have an answer; and don't lose that letter. It seems to be verifying Centrelink has accepted in part at least, that you do have a permanent condition.

I would have though by 2020 they would have given up with ambiguous letters, trying to have a bet each way. That's the sort of stuff that did my head in, cheers bear

[mspurple]

I’m not sure in your case but I had a rejection of a medical certificate for the reason that Centrelink won’t accept the same medical reason for a medical exemption more than twice. The third certificate I submitted had the same thing as the previous two which pretty much said I was too physically unwell to gain employment or even look for it. So my dr wrote a fourth certificate with a completely different reason than had been given to Centrelink before (all valid medical issues I deal with constantly) and they still rejected that one.

[mspurple]

And yes, it sounds to me like they are trying to force you back into your mutual obligations to search for employment. Maybe it would be a good idea for them to not just send a rejection letter but also give you the steps you need to follow.....oh I forgot we are talking about Centrelink- can’t make anything stress free or compassionate!

I hope you get something sorted out for yourself so you don’t overdo it.

[leanne]

Hi Boxr,

The matter is complex, especially without all the details, so lets try to simplify step-by-step.

FIRST
A) If you have already claimed DSP "You will NOT be required to satisfy your Mutual Obligation Requirements while your claim for Disability Support Pension is being assessed" (Refer to "Information you need to know about your claim for DSP - Page 3, Centrelink form CI022-1510). End of it.
If the Centrelink Officer insists you are wrong, ask for the manager, a review and/or submit a new complaint, referring to the above and ask them to prove the contrary, whatever else, specifically citing legislation, policies, etc.

B) If you have NOT submitted the claim:

1) When do the mentioned medical certificates start?
2) Are they continuing?
3) Prognosis?
4) Diagnosis was always the same?
5) What type of certificates?

The fact that the GP wrote "exacerbation of existing condition" is good but it could be that something else is "wrong". In fact, using the word "exacerbation" your medical certificate should NOT be rejected because the GP is stating that your condition/s is worsening (different). You are the only one to know your detailed medical history so to judge. Furthermore, what your GP stated surely cannot be ignored or contested without a medical assessment done by a Centrelink designated doctor/specialist.

Other options are:

- You could submit a "Verification of medical conditions (SU684) form" (your GP must complete this form), used to verify medical conditions affecting your job capacity, so to start a new "Employment Services Assessment" (ESAts), while you are working on your DSP claim. This is not a medical certificate to seek a temporary exemption but to review/assess your new condition/s, so to get there anyway, or to get a "better deal" with the job provider.
- You could also get a medical certificate from a psychiatrist/clinical psychologist specifically stating that you need a break that exempts you from looking for work. This can easily be extended, as many times as needed, for the same medical reasons. It's usually accepted because provided by a specialist and for this specific purpose.

LAST

To avoid cuts and until resolved, yes, you should turn up to your job provider, and please discuss with them your conditions. For example, why you are unable to do what they ask you to do, and if you feel confident, you could also provide them with these medical certificates, especially if they are detailed and recap all your conditions.
You do NOT have to, but I may help if the job provider officer is a "good one". They can help if they want, and in many ways.
In fact, your job provider has the ability to assess and recognised that you are not able to work temporary, to amend/reduce/cancel your mutual obligations, for example agreeing on continuing treatment while attending fortnight appointments (also by phone), not being forced to apply for jobs, etc.

WORST CASE SCENARIO

Consider contacting your local State or (better) Federal MP, and/or National Social Security Rights Network, and/or Australian Unemployed Workers Union.

Please read:

a) Your Right to a Medical Exemption (https://unemployedworkersunion.com/your-right-to-a-medical-exemption)
b) 3.2.8.10 Mutual Obligation Requirements for NSA/YA Job Seekers (https://guides.dss.gov.au/guide-social-security-law/3/2/8/10)
c) 3.2.11.40 Mutual Obligation Requirements for NSA/YA Job Seekers - Exemptions - Special Circumstances (https://guides.dss.gov.au/guide-social-security-law/3/2/11/40)
d) Medical-exemptions (National Social Security Rights Network), search for this PDF doc.

Ciao, Leanne-

[Deleted]

Thanks leanne , that's excellent detailed information with options. Exactly what the OP was looking for I think! Cheers bear

[boxr]

Thanks leanne

Ill see if GP can fill out another verification of medical condition, last one was done 27 months ago. Sick notes have been the same over the past 2 years using "exacerbation of medical condition".

Im currently waiting on a letter from a clinical physiologist to show "treated and stabilized". "diagnosed" has been done. Then ill apply for DSP again. Last application was denied/refused due to the lack of the above 2 requirements.

Looks like ill have to do mutual obligation thing, until i submit next DSP application with its missing 2 items from above.
Thanks for help.

[boxr]

I uploaded the same centelink sick note along with a verification of medical condition form and they accepted them.

I called centrelink to ask about refusal of first sick note and he told me second note was accepted. I asked guy why the same sick note uploaded a week later was approved, he said it was a "bungle".
They shit me to tears

[leanne]

You are welcome Boxr.

Unfortunately, in cases like this, DHS policies and procedures are demonstrated just impossible.
They are purposely hidden and/or marked confidential, surely one of the very grey (if not black) social security areas.
This is why so many decisions are overturned by our courts, and why we have to insist, become terribly tenacious.
The ill-coalition is fighting back, filling tribunals with their people, no matter their ill-qualifications or what happens next.
For the moment, we can only learn by mistake, while trying. The social security guide is also incomplete, sometimes misleading.
Several relevant courts and magistrates have found all this a mess, when not unlawful or unconstitutional.

This is the main purpose of a REAL community such as this one, to share knowledge, to support and to encourage each other.

/OFF-TOPIC
Especially during these times, when most of our politicians are working badly and against us, as if they feel to be the employers and we are the employees, we must be active and positive, not angry and severely outraged.
We MUST remind them that it is the CONTRARY.
We have to live and lead by example, join the right fights, last being the "Right to Know" campaign.
That's why I'm here, I'm happy to be member of this unique forum, a pot of generous, willing and wise people.
"How good and humble is this forum" ;-)
Personally, considering the set of measures in place, which I see also adopted by other sections of Australian PRIMARY public services (Health, Education, Transport, etc), I think it's done on purpose, in bad faith, in order to confuse, hinder, and brain wash citizens.
Seems all policies are implemented to prevent us from taking full advantage of our rights, especially enhanced by the current government (the worst coalition ever, so il-liberal and fascist to practically be a "democratic-dictatorship").
All the late adopted measures (last 6-10 years), plus those in the current (ill)government pipeline, viewed as a whole are literally subverting our democratic order, as it works against citizens rather than in their favour, using pretexts, excuses and slogans as childish and ridiculous as criminal.
And someone, along with his friends, is cashing in. Indue, tax cuts like flat tax, cuts to public funds, and so on. Just the other days on SBS I was watching (again) what happened (an still happens) in the USA, the well and simply documented movie by Michael Moore, "Capitalism - A Love Story".

OFF-TOPIC/

A new medical assessment (verification of medical condition) should be very useful for several and more wide reasons.
If possible, tell your GP/specialist to take his/her time, talk with them, explain that a well crafted and detailed medical report/form makes a huge difference, saves time, improves outcomes and benefits all stakeholders.
Be sure it is coherent and meets with previous condition/s, that it suits what reported on the last medical certificates.
Taking time to carefully write medical reports also prevents disputes and/or misunderstandings or misinterpretations by Centrelink
Wording is essential, it's a medical-tech matter, each report should reflect Centrelink specific requirements and some doctors do not know them, so it's your job to explain in a short but clear way. In these cases, using templates from welfare rights organisations is very useful. Look for "DSP Toolkit" and specifically "DSP template letter to give to your doctor".
Most probably the certificate rejection was because it was considered a "repetition" of a known not temporary condition (not accepted). If it does NOT make sense it's OK, it's Centrelink 2.0 (or 3.0?) :-(

Ciao, Leanne-

[nomadic]

Hey, boxr don't let them s*** you to tears. Be just like me and let them S*** you to GROWL only and make you even more determined to get your entitlements. Tears and anger only hurt us and we need to hurt them. I would bite them also but teeth not up to it anymore. And the taste would be like s*** also because they are s***. Hang in there so we can all cheer when you win.

[boxr]

There is a ray of sunshine coming through. Im reading the extreme right wing across the world is starting to come undone, trump and his potential impeachment, Boris Johnson and his Brexit circus and even papers in Australia having enough and publishing blank front pages a couple days ago.
Anyway this was a small hiccup, all sorted now.

[Deleted]

Look for "DSP Toolkit" and specifically "DSP template letter to give to your doctor".

Read more: dspoverseas.proboards.com/thread/6290/sick-accepted#ixzz63A41jQF6

boxr from memory you've looked at the toolkit before? There's also a link to a letter template for medical professionals in the thread. Cheers bear

Social Security Rights Victoria’s (SSRV) Disability Support Pension Toolkit.

Read more: dspoverseas.proboards.com/thread/5977/disability-support-pension-toolkit#ixzz63A5cIrqe