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Post by Banjo on Jun 22, 2012 11:05:04 GMT 7
Trust me on this, they are more than capable of stuffing things up accidentally. I think we lose track of how many people on the DSP they have to deal with, what often seems to be direct action against an individual can just be ignorance or incompetence. As some one who spent years in the service of his government I still have trouble coming to terms with the concept of public servants who will go in any other direction than the path of least resistance.
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Post by raff on Jun 22, 2012 11:22:33 GMT 7
I think it was a mistake on their part, mainly because the doctor who was doing my review listed details that were supposed to be mine but had a different age, address and symptoms. They certainly shat themselves pretty quickly when I started making threats about going to the ombudsman and my DSP was reinstated in about 3 days instead of me needing to go for an appeal. Now I am just steeling myself for a fight regarding this portability and as soon as I have all my ducks in a row I will be signing myself a lease in Laos or Cambodia and coming back for a few weeks a year to keep in touch with my family. If this is what I am to expect from a bloody Labour Government I am finished with this joint. I reckon I will just happily live out the rest of my life with a nice steady supply of good quality opium and keep the pain at bay for a change.
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Post by spaceyone on Jun 22, 2012 14:12:25 GMT 7
I really don't think there is anything in my treating doctors report that he wouldn't want me to see. Actually now that I think about it he didn't send the report to them himself he just gave it to me to hand in myself and I even read the thing before leaving his office just to make sure I was happy with it (his idea as well as mine). According to the bloke I spoke to just now everything will be released to my doctor and thus to me. I just hope they actually do have some gear in there they will find embarrassing. It won't be the first time actually, previously they had me mixed up with another client with the same name and different symptoms and used this info to try and boot me from the DSP. It was only by luck that I discovered their mistake and brought it to their attention and thus they realised that I did actually qualify for the DSP. I also think that the fact I threatened to let the ombudsman know what they had done made a wee bit of a difference as well... I reckon there is probably some notes about these episodes hidden away somewhere that they would prefer me not to know about. I spent a good while working for the tax department in years gone by so I do have a wee bit of experience in the way these idiots work. Raff, I would not trust them to sent it to him in time, for the battle you have ahead of you. I would cover my bets, and if you end up with two copies of everything, it doesn't matter. A GP actually has the right to deny you a copy of his records. I researched that a few months ago. Although it sounds like yours happily will, you can no longer consider that your right to your own information is respected, when dealing with Centrelink. There are certain reasons which allow them to keep your information from you. For example, if they say things about the state of your mental health, in a way that you had not comprehended it before, then they are allowed to hide that from you. The criteria is strict though, they cannot just be that general about it. Once again, I say to be able to keep track of your request, and the date it is due, and to make sure that it is fullfilled, you must make a formal request now. They have to advise you in writing when you are due to receive it, a list of what documents they want to hide from you, and then the legal reason for any denials. You are then allowed to appeal that, again and again, all the way to the Federal Courts, to get it. I would guess that what they are trying to hide, is how they came about your rating. That it really had nothing to do with medical, and everything to them having to reinstate your DSP, to fix up their own screw-up. Therefore, again, you need to see your medical records now, to prepare for the JCA and portability tests. You cannot argue, until you know what they will try to pick on, and what they accept as concrete evidence, of an illness that they acknowledge you have. For instance, my most recent diagnosis, from an arthritis specialist last year was FibroMyalgia. That illness will be totally discountable now, and I suspected that was why I was awarded it at the time. I want that changed at my next review, to what my XRay's really show, rhuematoid arthritis. Something which is harder for them to discount. I am listed as having various other conditions which spring from the main one. So I want to be assessed on the main one, since you now are only allowed to have one. Find out what they have got you classed as, and you can fight for new and better diagnosis, and therefore your limitations.
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Post by raff on Jun 22, 2012 14:15:57 GMT 7
I am now officially pissed off. I just received a message from the woman I handed the request to today. She stated that they were unable to process my request (gave no reason whatsoever for this) and just signed off. She said that my doctor would need to contact them if he had any further questions. This is war...
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Post by spaceyone on Jun 22, 2012 14:25:11 GMT 7
I am now officially pissed off. I just received a message from the woman I handed the request to today. She stated that they were unable to process my request (gave no reason whatsoever for this) and just signed off. She said that my doctor would need to contact them if he had any further questions. This is war... Forgot to add, don't just request your JCA now, request your whole file. Ask for all centrelink customer contacts for the past 5 years (or whatever), ask for all medical records and assessments, ask for the documentation to do with any and all investigations. You will need it all, since yes, tjhey just declared war. I will get you the link for the FOI request, then I have to go for now, have visitors coming. It will only take 10 mins to fill it in, lodge it online, and they will have it when they get to work in the morning. The FOI guys are fun to deal with . And they have to explain the process to you, in their correspondences. Go for it mate, kick their asses. We might all meet up, in the Federal Courts, all appealing their decisions, all at once .
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Post by scuzzy on Jun 22, 2012 14:30:34 GMT 7
I am now officially pissed off. I just received a message from the woman I handed the request to today. She stated that they were unable to process my request (gave no reason whatsoever for this) and just signed off. She said that my doctor would need to contact them if he had any further questions. This is war... Forgot to add, don't just request your JCA now, request your whole file. Ask for all centrelink customer contacts for the past 5 years (or whatever), ask for all medical records and assessments, ask for the documentation to do with any and all investigations. You will need it all, since yes, tjhey just declared war. I will get you the link for the FOI request, then I have to go for now, have visitors coming. It will only take 10 mins to fill it in, lodge it online, and they will have it when they get to work in the morning. The FOI guys are fun to deal with . And they have to explain the process to you, in their correspondences. Go for it mate, kick their asses. We might all meet up, in the Federal Courts, all appealing their decisions, all at once . You've got visitors coming?! Sorry, but I dont think DSP'ers are allowed to have visitors any more under the new legislation
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Post by spaceyone on Jun 22, 2012 14:32:45 GMT 7
This page has the online FOI form link on it, you have to go to it first, then click on their link. www.humanservices.gov.au/corporate/freedom-of-information/?OpenDocument&nav=footerScroll down to this part of the page to find it: How to make an FOI request 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. If you ask a third party to make an FOI request on your behalf, you need to provide a specific, written authority to send copies of documents to you care of that person, or to allow that person to inspect copies of documents containing information about you. You can use the Department of Human Services FOI request form incorporating Centrelink and Child Support or you can send your request to The Office of the Australian Information Commissioner has all the details about your rights to your information, and the process involved in accessing it. www.oaic.gov.au/
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Post by raff on Jun 22, 2012 14:34:28 GMT 7
Once again I have to say thank you so much guys for just being here. In the past I had to battle against these pricks on my own. Luckily I had a bit of experience working in Defaults and the Review section of the ATO so I wasn't a total newbie when it came to dealing with government officials. The biggest mistake these idiots made is that the one thing that will guarantee that I fire on all cylinders is someone or something to rail against... I guess it's the lapsed Trotskyist in me. Unfortunately the person at centrelink called me at 5 minutes after their closing time with the good news so now I have to sit for the whole bloody weekend at well past boiling point... Now I guess my next step should be to simply bypass centrelink and go straight to FOI?? I will also be making a complaint to centrelink that they have not given me access to files regarding myself?? I have a sneaking suspicion these dickheads have seen how I won my last couple of encounters with them and are trying to play funny buggers. Excuse my french but it, I am going to see a good mate of mine who is a lawyer and discuss the possibility of a class action if others have been treated like this. While this is not what I wanted to happen, it has made me feel more alive than I have in a long time.
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Post by spaceyone on Jun 22, 2012 14:34:58 GMT 7
You've got visitors coming?! Sorry, but I dont think DSP'ers are allowed to have visitors any more under the new legislation Lol, shhhhh. But I might be allowed it, since they are bringing pizza for all of us. They have jobs, so are allowed to eat, since it kachings into the GST.
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Post by raff on Jun 22, 2012 14:51:37 GMT 7
"I want all of my centrelink customer contacts for the history of my Disability Support Pension, all medical records and assessments, and all documentation to do with any and all investigations."
This is what I put in the section where they asked for what I want, can anyone enlighten me on anything else i should ask for as well??
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Post by raff on Jun 22, 2012 14:53:07 GMT 7
Do you think that asking for all records relating to the history of my DSP is ok or should I put an actual year range in there as well??
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Post by raff on Jun 22, 2012 15:06:26 GMT 7
Ok, FOI request done. Now I just need to keep my blood pressure down until monday morning when I can go and rip the person who called me from centrelink a new asshole...
Now am I right in thinking that they need to provide me with a reason why they wouldn't provide me nor my doctor with the records I requested??
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Post by spaceyone on Jun 22, 2012 19:30:35 GMT 7
Ok, FOI request done. Now I just need to keep my blood pressure down until monday morning when I can go and rip the person who called me from centrelink a new asshole... Now am I right in thinking that they need to provide me with a reason why they wouldn't provide me nor my doctor with the records I requested?? Don't get mad, get even. Spend your weekend researching their laws, and be ready to quote them all back to them on Monday. They don't like that, and will understand that it is a confirmation that the battle has now become war. They will throw off their gloves, and then so can you. Except you don't have a job, and are not bound by federal law, unless you choose to be, so they have more to loose than you do. You can hang them by their own rules, if you play properly. They will break their restraints to attack you, and when they do, lodge a complaint about that ... and they are screwed. Wish I did it this way earlier, instead of telling them what I thought about it all outright, and thinking that would end it.
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Post by Banjo on Jun 22, 2012 19:37:18 GMT 7
Well said, I think we've all learned a lot in the last couple of years.
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Post by bundyrum on Jun 30, 2012 13:48:31 GMT 7
as far as i know u can get a copy of your doctors reports..he keeps the original..as technically by law they are his property..but u can have a copy.been through it b 4..
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