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Update
Jan 19, 2020 10:02:29 GMT 7
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Post by em on Jan 19, 2020 10:02:29 GMT 7
Hi everyone hope you are all doing okay, especially if you are over East. Update on my situation: I had a JCA approximately November last year with a physiotherapist. She decided to give me a year off my mutual obligations but denied disability- said not fully treated and stabilised. For that application I had evidence from a previous rheumatologist, general specialist, clinical psychologist, cardiologist, gastroenterologist and multiple hospital reports. They decided to give me the mutual obligations exemption as they admitted that it would negatively impact my health and that I’m an occupational safety risk to myself and others due to my heart condition which causes me to lose consciousness. Then my doctors wanted me to see a new rheumatologist who knows more about my particular conditions so I did. She advised me that she wanted me to forget about trying to get back to work and study, just to look after myself and she recommended occupational therapy to help me learn to manage being able to do basic daily activities such as cooking to be able to look after myself. I added this report to a new disability application and they gave me a JCA by phone by a woman called Bronwyn who is a counsellor. I could tell after a minute of talking to Bronwyn that she was really arrogant, hadn’t read any of my reports properly and was ignorant to the impact of my conditions with a severe lack of empathy. One week later I got the result. This woman has revoked my mutual obligation period. They are now telling me that the report that referred me to an occupational therapist is my specialist saying that I am fit for work for 15 hours a week. I got 10 points under musculoskeletal and my heart and stomach conditions were denied as not stable, but apparently in the sense of work and mutual obligations they are telling me I am stable. I have been a wreck physically and mentally after this. I am not healthy to get myself to these appointments and I am not even close to being able to manage 1 hour work a week let alone 15. I would like to report this woman as my physiotherapist believes she is putting my health and my safety and well-being in danger with my heart conditions by forcing me into inappropriate activity that I’m not capable of. My physiotherapist believes she should be liable for damage to me but I do not know how to find out who she is even, FOI removes names so you can not even report these people the the appropriate governing health body. If anyone has advice or can help me on this I would much appreciate it, but otherwise it is good to be able to vent this to people who understand!
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Post by bear on Jan 19, 2020 14:57:28 GMT 7
Have you spoken with Welfare Rights? I think someone is needed to advocate on your behalf definitely! Local Federal Member intervention & @news.com.au em .....this is outrageous, especially given Mr Jongren's public comments above. Whenever we speak to them, we must always try our best to remember to ask for the receipt number of the call.... It's our only real safeguard; and if nothing else it surely gives the staff member pause for thought. Cheers bear
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Post by nomadic on Jan 19, 2020 19:16:40 GMT 7
I'm just outraged again em. These people hate everyone on welfare. And they need to be at least fired or even jailed when you win but they will just go on to the next person as this is now the system of horrors works. Surely compensation awaits you in the end also. I don't think I can get any angrier with these things that masquerade as human beings. Sadly anger won't solve anything. Only a relentless battle will win out. But as bear said, I think you need an advocacy person to assist as they will know the system. How about disability discrimination legal services or Justice connect if they have them where you are like in Melbourne.
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Post by rainyday on Jan 20, 2020 4:55:22 GMT 7
I am in a similar boat to you em. It is so frustrating! I was also given a year off mutual obligations and was rated as being able to work between 0-7 hours per week. I am suppose to "magically" be better by mid March this year! The legislation is totally inhumane and lacks understanding of medical conditions that limit us from working. In fact all the additional pain and suffering that I have been under since I put in my claim for a dsp last year in January has left me vulnerable to being homeless, and I am unable to afford some of the therapies that could possibly benefit me, which won't cure me by the way, but will help. Isn't that what the dsp is suppose to do? Help us to afford some of the things that could help us better look after ourselves?
Now I am left not trusting anyone at Centrelink..... lol.. the very ones that are suppose to help us navigate and inform us of what benefits are available to its citizens in need. What a lot of baloney, and they should hang their head in shame for the way they treat those with disabilities. Considering many that have disabilities may need access to Centrelink offices from time to time I notice they are not very disability user friendly, far from it.
Sorry to hear about your experience, it seems too common, and really lacks all human decency of how you have been treated.
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Post by nomadic on Jan 20, 2020 6:49:10 GMT 7
200,000 rainy day in the same boat. You are only 2 who have found this forum. Poor bear would be in trouble if they all found us. No one gets DSP anymore. Not even quadriplegics. Monday as usual. GGGGRRRROOOWWWLLLL.
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Post by rainyday on Jan 20, 2020 7:03:06 GMT 7
Yes nomadic,a growl is in order.
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Post by bear on Jan 20, 2020 7:16:40 GMT 7
Already in trouble......the inability to make a difference in two of our members cases, while they get pushed from pillar to post when all here know how wrong it is. Even though policy seems to have taken a back seat nowadays, I don't believe legislation is meant to do what is being done; I believe it is the way it is through ministerial directive.
Can you imagine the kerfuffle if a whistleblower put that on the table? Cheers bear
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Post by bear on Jan 20, 2020 7:53:11 GMT 7
Morning em.....as I've spoken about in another thread. If and when you feel up to it ask for an ARO review of that horrendous decision. Without meaning to be flippant, what's the worst they can say. Cheers bear
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Update
Jan 20, 2020 12:07:13 GMT 7
Post by rainyday on Jan 20, 2020 12:07:13 GMT 7
By memory I think there is a timeline to ask for an ARO review. Tasjo may remember. Is it 28 days to ask for a review ?
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Post by tasjo on Jan 20, 2020 18:15:58 GMT 7
An ARO review can be requested up to 13 weeks from the original decision.
Em - I just need to reread what has happened to your claim, give me a little while and I'll put a reply together for you tonight.
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Update
Jan 27, 2020 12:37:06 GMT 7
bear likes this
Post by tasjo on Jan 27, 2020 12:37:06 GMT 7
ok - sorry its taken a while for me to reply... in the middle of back to school organisation...
So, I 'think' the issue is that by putting in a new application there has been a new assessment... in the same way that when we appeal a decision we can also reapply, by reapplying while in the middle of an obligation exemption Centrelink 'may' be able to deem this more recent assessment as the more valid. However, you can request a review of this application by an ARO and while it is underway you should be on Newstart Provisional which has no obligations. Check that when you put your DSP claim in your Newstart was changed to Newstart Provisional, if not it should be as you are in the middle of a DSP claim. Its irrelevant what the assessment is or isnt as you are (I assume) going to request that it is reviewed. The new claim is what you need to focus on and make sure that it is set correctly in terms of being on Newstart Provisional while your claim is assessed and reviewed and appealed if necessary.
I would also suggest speaking to a Federal MP and getting them to check whether your Newstart payment is set correctly for someone who is going to request a review and possibly an appeal of a DSP claim.
Try not to focus on what the assessment is or isnt, but on what the settings for your payment should be. The MP can check and have it changed if its incorrect, and remove the stress of the mutual obligations by having you on the correct payment while you get the ARO review and then continue to appeal if you wish to do so. Just bear in mind that the ARO review may agree with the JCA but it must be done in order for you to appeal the decision any further.
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Update
Jan 27, 2020 12:40:30 GMT 7
bear likes this
Post by tasjo on Jan 27, 2020 12:40:30 GMT 7
Depending when in November the original JCA was completed you can also submit a request for an ARO review of it, theres not a lot to lose when you have another claim in already. Just make sure that when you submit the request you refer to the date of the original claim and if it was me I would submit the request via Welfare rights so that they have a copy of the request in case it goes 'missing'
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Post by nomadic on Jan 27, 2020 18:52:16 GMT 7
Just out of curiosity does anyone know of a single case when the ARO has overturned a decision in regards to getting DSP. If it is zero as I suspect then what is their purpose?
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Post by itsmylife08 on Jan 27, 2020 19:12:39 GMT 7
Just out of curiosity does anyone know of a single case when the ARO has overturned a decision in regards to getting DSP. If it is zero as I suspect then what is their purpose? I'm sure that you've heard of the term Rubber Stamp!!! Been there mate just a waste of space...
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Post by bear on Jan 27, 2020 19:53:24 GMT 7
Just out of curiosity does anyone know of a single case when the ARO has overturned a decision in regards to getting DSP. If it is zero as I suspect then what is their purpose? I'm sure that you've heard of the term Rubber Stamp!!! Been there mate just a waste of space... Once upon a time ARO's seemed to be at least one step above decision makers. I imagine that would've been throughout the organisation in all different sections. I have on occasion, once upon a time, disagreed with decisions and have had an ARO overturn them, simply by explaining why I thought it was an incorrect decision and being listened too by someone who could see both sides of the story........ ultimately it came down to whether or not it was going to disadvantage the client. If yes; overturned! Nowadays they appear to be deadwood..........Bear
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