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Post by Denis-NFA on Jul 9, 2012 18:09:03 GMT 7
just a general message for everyone.
I am sorry if some of my posts may have offended anyone.
I get pretty steamed up sometimes.
I absolutely object to bullies and I have fought them all my life.
And Friday the 6th July 2012 was a revelation!
When I checked my bank account a sum of money, very small, was there that astounded me.
I thought the bank had made a mistake.
I am a fully online Centrelink recipient of THEIR online services, because when you are a bit deaf you need some way to find out what is happening when you truly have No Fixed Address.
When I went onto the Online service line I found out that my payments had been restored and I had been paid back-pay since their cessation.
Golly gosh! I thought. Or words to that effect!
Then very early this morning, my mind has a hard time settling down when the axis of the world moves, I thought to check my address details.
Well golly gosh!
I am now listed as only living in the Philippines since the assessment that was made of me back in May 2012 by a person in the Darwin office, and her supervisor that I was beyond the normal parameters of residency.
If you wish to know my story please do a search on nofixedaddress on this board.
I return to Australia on the 12th August to Darwin.
I then leave at 1am the next morning and land at Cairns, via Brisbane, about 9am on the 13th.
Then I walk into a Centrelink office about 10.30 or 11am.
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Post by Banjo on Jul 9, 2012 18:22:42 GMT 7
Great news nfd, I'll admit I was a bit horrified when they cut you off while you were overseas, there were serious promises made in the past that this would not happen again.
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Post by Denis-NFA on Jul 9, 2012 19:37:31 GMT 7
Banjo
It was while I was sitting in front of a robot in Darwin that ignored me completely that it all happened, and "she" generously gave me 2 weeks to come back "to settle my affairs".
And, you are quite correct, it was in total contravention of THEIR rules and regulations.
That letter to Mitch Fifield is going to go viral in its own way.
The same day, Last Friday the 6th July, when I found out my payments were restored from the 4th with back pay and subsequently I found out that I have only lived OS since May 19th, I received an email from a Streets To The Home 'co-ordinator' asking for a follow up interview from when I was first interviewed before I left prior to November 2011.
My reply went back yesterday and my answer to the first question I was asked was to refer to an attachment which was "the letter".
Also, as in "the letter" and in my reply to her questionnaire I again referred to this board so all you people do not say anything you do not want to be identified with.
'They' are now going to write up my story in their final report.
Some University in SA and the Streets to the Homes bureaucracy for WA, SA and NT are doing this one.
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Post by Denis-NFA on Jul 9, 2012 20:50:47 GMT 7
Banjo,
As a very nice addition, for me, is that 2 members are already welcoming me to Cairns.
One, whose name I did forget and I did not search for, was the one that made me look at what he had to say about Cairns.
And I think he is correct.
Cairns offers real bargains in housing.
Since they restored my DSP money I can now start thinking about life.
Thanks peter
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Post by Denis-NFA on Jul 9, 2012 20:54:15 GMT 7
the other person I am not sure would want to be named,
but that person knows who they are and I genuinely say thank you.
it is the nicest welcome.
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Post by Banjo on Jul 10, 2012 4:47:47 GMT 7
Excellent.
Mate I think you have to get away from the "living overseas" train of thought, you may have been mistaken about this.
Currently we have to live in Australia to get the DSP, Centrelink gets confused if we take lots of long overseas holidays and this is where residency issues come in and nastiness like loss of pension.
Claiming we live overseas only supplies fuel to the fire here.
Adjust your thinking, you are a pensioner with time on your hands so you take lots of long holidays.
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Post by howdo on Jul 10, 2012 6:19:39 GMT 7
Good luck to you NFA.
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Post by bundyrum on Jul 10, 2012 6:58:00 GMT 7
well I'm still f......kd..........and it's cus I take long holidays..so they say I'm not an Australian resident ..simple as that..now upheld by the ARO..i'M so saddddd.
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Post by scuzzy on Jul 10, 2012 8:02:40 GMT 7
well I'm still f......kd..........and it's cus I take long holidays..so they say I'm not an Australian resident ..simple as that..now upheld by the ARO..i'M so saddddd. Hey Bundy, I wouldn't let the fact that the ARO upheld the decision get you down. That was always going to happen, because that's what ARO's do. Unless the orginal decision that they are reviewing is glaringly, obviously wrong, like say for example your payment was cancelled because you were dead, but in fact you can prove you're still alive, then the ARO just rubber stamps the original decision in the affirmative. When it comes to reviewing and changing decisions that involve some deeper investigation of the circumstances and interpretation of Social Security Law, you usually don't start seeing some serious reviewing start till it gets to at least the next step up, the SSAT (Social Security Appeals Tribunal) or the level above that, the AAT ( Administrative Appeals Tribunal). I wouldn't start getting bummed out until you start being unsuccesful at these higher levels. The ARO is only meant as a low level filter to weed out the obvious and easy to sort out problems so they don't clog up the 2 higher appeals channels. A situation like yours was always going to only be resolved at SSAT or AAT level because of it's complexity. So keep your chin up. The best thing you can do is get your head around the rules as they stand in relation to your case, so that you have the best chance possible of winning your higher appeal. Just remember when you are dealing with these people, that every decision they make is based on what is written in Social Security Law, not what's right and wrong. You may have what to you seems like a rock solid case, and 99.99% of logical people may sympathise with your plight, but if it contradicts anything in their rulebook, forget it. So you need to base appeals on their rule book, not what the average person would think is the decent and right thing for Centrelink to do. Start by throwing logic out the window, because that's what Centrelink do, and embrace their book of rules. To catch a fox, you've first got to think like a fox. Google search 'Guide to Social Security LAW' and take it from there. Every hour you spend getting aquianted with their rules will increase your chances of success tenfold. |
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Post by Banjo on Jul 10, 2012 8:18:40 GMT 7
As long as I don't have to smell like a fox scuzzy. It's true though, we are not meant to win at the ARO level, what we have to take from this is where we went wrong and correct it for the SSAT appeal. It's all about residency, residency, residency and you really have to get your ducks in a row about where you live. (Another little zoological reference...  ) |
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Post by rowdy on Jul 10, 2012 11:46:32 GMT 7
well I'm still f......kd..........and it's cus I take long holidays..so they say I'm not an Australian resident ..simple as that..now upheld by the ARO..i'M so saddddd. Hey Bundy, I wouldn't let the fact that the ARO upheld the decision get you down. That was always going to happen, because that's what ARO's do. Unless the orginal decision that they are reviewing is glaringly, obviously wrong, like say for example your payment was cancelled because you were dead, but in fact you can prove you're still alive, then the ARO just rubber stamps the original decision in the affirmative. When it comes to reviewing and changing decisions that involve some deeper investigation of the circumstances and interpretation of Social Security Law, you usually don't start seeing some serious reviewing start till it gets to at least the next step up, the SSAT (Social Security Appeals Tribunal) or the level above that, the AAT ( Administrative Appeals Tribunal). I wouldn't start getting bummed out until you start being unsuccesful at these higher levels. The ARO is only meant as a low level filter to weed out the obvious and easy to sort out problems so they don't clog up the 2 higher appeals channels. A situation like yours was always going to only be resolved at SSAT or AAT level because of it's complexity. So keep your chin up. The best thing you can do is get your head around the rules as they stand in relation to your case, so that you have the best chance possible of winning your higher appeal. Just remember when you are dealing with these people, that every decision they make is based on what is written in Social Security Law, not what's right and wrong. You may have what to you seems like a rock solid case, and 99.99% of logical people may sympathise with your plight, but if it contradicts anything in their rulebook, forget it. So you need to base appeals on their rule book, not what the average person would think is the decent and right thing for Centrelink to do. Start by throwing logic out the window, because that's what Centrelink do, and embrace their book of rules. To catch a fox, you've first got to think like a fox. Google search 'Guide to Social Security LAW' and take it from there. Every hour you spend getting aquianted with their rules will increase your chances of success tenfold. Scuzzy brilliant post and you have hit the nail square on the head. When you get the SSAT/AAT level it is the correct interpretation of the law only that counts. |
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