just been unsuccessful

[lou]

Hi all, my name is Lou. Been on DSP for 3 years for depression and post traumatic stress disorder. Decided to go for the UP. It has taken just over 2 months and finally found out that I was unsuccessful. I thought it all rested on getting 20 points on the scale. But no, I got 20 points but they deemed me able to work 5-7 hours I think CL worker said. So I immediately lodged an appeal. This happened today. I have put in one psychiatrist report, 2 clinical psychologists reports and one other psychologists report. They asked me if I have any more information for the appeal. !! No I don't. How will I go about this. Is it a fair process? Please help! I read somewhere about solicitors, do I need one? Thanks for reading and your time. Regards Lou

[Banjo]

Welcome to the board Lou.

Has the decision been reviewed by an Administrative Review Officer?
This is the first step of the appeals process.
Usually he/she upholds the original decision so you then have the option of appealing to the SSAT.

You can get help with your appeal from Welfare Rights in your home state.

www.welfarerights.org.au/

[Deleted]

Aug 23, 2013 0:42:19 GMT 7 lou said:

Hi all, my name is Lou. Been on DSP for 3 years for depression and post traumatic stress disorder. Decided to go for the UP. It has taken just over 2 months and finally found out that I was unsuccessful. I thought it all rested on getting 20 points on the scale. But no, I got 20 points but they deemed me able to work 5-7 hours I think CL worker said. So I immediately lodged an appeal. This happened today. I have put in one psychiatrist report, 2 clinical psychologists reports and one other psychologists report. They asked me if I have any more information for the appeal. !! No I don't. How will I go about this. Is it a fair process? Please help! I read somewhere about solicitors, do I need one? Thanks for reading and your time. Regards Lou

Sorry to hear it Lou. l read those new medical tables they bought in 2011 are unfair and pity tough. Does it mean you have just been rejected for UP or have they taken away your DSP also? Yes as Banjo said contact Welfare rights they will help you with your appeal to the admin. review officer, also maybe try legal aid to get a free lawyer if you eventually appeal to the SSAT.

[lou]

Thanks for reply. I will retain my DSP. But I was not given UP.OK I Will contact welfare rights. I am overseas at the moment so I guess the process will be difficult. Thank u again. Regards Lou

[mick]

Hi Lou
I reckon you should just submit that specialist evidence before you even appeal anything. This may trigger off another JCA but that's ok because you have new evidence. Cheers.

[Banjo]

I believe that the decision to base the assessment on one impairment only is ridiculous, a combination of all types of disability the pensioner suffers from is far more fair.

[fedup]

I am basically in the same position,except now I am deemed severely disabled and unable to work ,Only when I am in NZ

Figure that one out

Still yet to lodge an appeal as I too am overseas ,trying to take care of family matters,look after my own health,and deal with these clowns

My next payment will be the first over the 6 week timeframe,and will drop by around $50

And I haven't finished with them by a long shot

I will fight them to the death

So I am granted INDEFINATE portably in their words for this trip only ,WOW

So I am ,in their eyes only severely disabled and unable to work,when it suits them or as they say in a mutual agreement country,of which their are many,an as is will all their gobblygook
IT'S OPEN TO INTERPRETATION

Mind boggling

[wbmania72]

i dont think they honestly and justly assess peoples applications one by one.
my theory is its more like a random selection of an applicant based on length of being on DSP and age and etc(categorization so they select random people in particular category)
otherwise they would have approve genuine applicant in the first place rather than after applicant go for review
and appealing to the SSAT.
or maybe i have very twisted mind.
by the way...welcome to board Lou and good luck.

[baranghope]

Aug 23, 2013 0:42:19 GMT 7 lou said:

Hi all, my name is Lou. Been on DSP for 3 years for depression and post traumatic stress disorder. Decided to go for the UP. It has taken just over 2 months and finally found out that I was unsuccessful. I thought it all rested on getting 20 points on the scale. But no, I got 20 points but they deemed me able to work 5-7 hours I think CL worker said. So I immediately lodged an appeal. This happened today. I have put in one psychiatrist report, 2 clinical psychologists reports and one other psychologists report. They asked me if I have any more information for the appeal. !! No I don't. How will I go about this. Is it a fair process? Please help! I read somewhere about solicitors, do I need one? Thanks for reading and your time. Regards Lou

Lou, if you got 20 points IN ONE CATEGORY (for one condition)you should be successful in any appeal, given what the table indicates as your disfunctionality. If you got 20 points all up for a combination of ailments, no chance.

[lou]

Yes I got 20 points in one category, so that is good news, do u think the appeals officer will reverse the decision or I will have to go to ssat??

[Banjo]

You just have to wait now, it doesn't hurt to ring them up when you have an hour to spare and ask how the review is going.
When you get a response if it is negative you should contact Welfare Rights.
You should also consider having your report released to you by the Freedom Of Information Act.
Let's cross that bridge if and when we come to it.

[lou]

Thanks Banjo, by report, do u mean JCA? I have ask for that. It is being sent to my address by mail and my friend is opening it for me. The reason they gave for my refusal is that I completed 2 university degree just before I went on pension so they think I can work. When told I can work 5-7 hours, my friend said, 'yes u may be able to work that, but which day.' On account of how unpredictable my condition is. Who would employ me??! Makes me angry to think about what they are doing.

[Banjo]

Indeed.
The report they send you may just be the basic results of the assessment and not the reasoning behind it.
Did you think about doing some sort of contract work like editing that you could do from home at your own pace?
Lets face it, the pension doesn't exactly provide an income you can lead a normal life by today standards on.

[tablet]

Hi Lou,
The way I read the guide facts, to get the DSP now, you have to get 20 points under one table, plus unable to work for more than 15 hours a week in the next 2 years. That is what you have passed so you stay on the DSP.
To get indefinite portibility of the DSP, you have to get 20 points under one table, plus have no ability to work in the next 5 years.
If the JCA thinks you can work the 7 hours then you miss the IP but stay on the DSP.
Someone can correct me if I've got it wrong.

I don't know how to cut and paste on this tablet, with the guidefact sheets. Could someone else try.
They are - Welfare rights, Disability support pension medical appeals.
Centrelink, General rules of portability
Centrelink, Impairment tables.

This is a suggestion. If you can, phone the assessor and ask how they came to their decision on working hours.
Then go to all of your doctors and see if they agree that you cannot work at all. Get it all in writing and take that to welfare rights for an opinion, then take all the new material to your appeal.

1960

[blacktulipvampire]

Hi 1960 and Lou,

I guess as Lou got 20 points most of what I have put together really isn't relevant, and the apparent reason for no UP is able to work 5-7 hours.

This stuff is all to do with the tables, but if Banjo wants to move it to the Impairment Table section on the main board, that would make sense.

Tulip