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Post by nomadic on Mar 1, 2018 16:45:21 GMT 7
I can only tell you the points system as i remember it back in 2005 as told to me by legal aid. If you got 20 points you got DSP. If you got 40 points you were deemed as severely disable and UP was automatic. I failed UP when they changed the rules in 2004 because I had never had a full medical. So the small medicals i had got me 20 points for DSP but not 40 or more to be severely and UP. After legal aid told me to have the full medical I got 45 points and was so happy to know i was severely. meaning UP as I was covered by the other two clauses. Not quite so fast as many here know. It took another 8 years before justice was seen. And on my file it had manifest from day one in 1996. So had of Centrelink produced the facts prior to 2004 I would never had known anything other than UP and this forum would not have been needed even. And I would have been totally ignorant of all things evil about Centrelink like millions of others for sure. So they shot themselves in the foot in my case as if they had of been honest i would now be off welfare.
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Post by Deleted on Mar 2, 2018 2:53:12 GMT 7
I can only tell you the points system as i remember it back in 2005 as told to me by legal aid. If you got 20 points you got DSP. If you got 40 points you were deemed as severely disable and UP was automatic. I failed UP when they changed the rules in 2004 because I had never had a full medical. So the small medicals i had got me 20 points for DSP but not 40 or more to be severely and UP. After legal aid told me to have the full medical I got 45 points and was so happy to know i was severely. meaning UP as I was covered by the other two clauses. Not quite so fast as many here know. It took another 8 years before justice was seen. And on my file it had manifest from day one in 1996. So had of Centrelink produced the facts prior to 2004 I would never had known anything other than UP and this forum would not have been needed even. And I would have been totally ignorant of all things evil about Centrelink like millions of others for sure. So they shot themselves in the foot in my case as if they had of been honest i would now be off welfare. Cheers nomadic that makes me seriously reconsider the Act of Grace thingy, as like many others we were in fact entitled to UP without the need for reassessment; add mental anguish to that backed up by reports.......hmmm Cheers, thanks for that; I might give legal aid a ring when they open, like I said,"I've got a free month.", Bear
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Post by Deleted on Mar 3, 2018 4:21:53 GMT 7
My FOI shows I had 20 points under two separate tables by the old rules, plus another at 15 and another one at 10. If i cared, I'd be forever wondering how that would have transferred to the new tables, but now I couldn't care less. Probably would have got caught up in the two year wait thing then anyways. However I have spoken to Maurice Blackburn, who redirected me to the Qld. Law Society, who redirected to Google. It's all about Administrative Law so; I have left an enquiry with a Brisbane firm who offers Pro Bono services and have had successful out comes against our Fuhrers in fairly significant cases. Bring it on; bear vs Dept. of Finance. Cheers!
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Post by nomadic on Mar 3, 2018 11:38:50 GMT 7
Maybe after you are rich i will be also plus many others. The country will be broke with centrelink compensation. But we'll be off and gone. Just to recap though on my experience. In the late 90's if you had 20 points you got DSP and UP. Then in early naughties they changed it to 6 months portability and for what ever reason did not affect me. Then on my yearly return in 2004 they told me i was now only getting 3 months portability. No other info provided at all. Up until then i had only been asked for a medical once which my then doctor gave me with only a few of my problems on it. This was obviously enough to satisfy them. My brain thought logic would prevail but how wrong i was. What did returning every 3 months achieve? It would force me back they thought as how could anyone on DSP afford airfares every 3 months. How wrong they were in both economics and logic. When logic was lost i went to legal aid. They told me there were 3 clauses that if you were covered by them you stay on at least one year or total U.P. They were you must have been out of the country the day the legislation was passed. I was. 2. You must not have come back on a permanent basis. I always had a return ticket and only ever stayed a few weeks. So covered also. 3. You must be severely disabled. That meant getting 40 points or more. So legal aid told me to have a full medical which i did and got 45 points. So again i am covered by the 3 clauses. Problem solved in 2005. Not quite because as i was finding all this out i had been to the SSAT and AAT and lost because of lack of all this info. And as a barrister who went with me to the federal court this was because unlike civil and criminal law once a decision is made it cannot be reversed other than in the high court. This is so that the politicians win even when they lose. I equate it to being in jail as an innocent person and then being freed when the new evidence is found with appropriate compensation obviously. Except under admin law they don't free you. At least not for another 8 years until i found an admin lawyer about gong to the high court. When he got my file we only had to go back to the SSAT again where i won out. Hope that all helps bear but an admin lawyer pro bono is fantastic news because they o only take up cases that they think they can win. we all wait on edge of seats for further news.
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Post by nomadic on Mar 3, 2018 11:41:09 GMT 7
sorry bear i was ahead of myself thinking you already had a lawyer after a re read. my concentration like admin law. buggered.
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Post by Deleted on Mar 3, 2018 17:45:03 GMT 7
sorry bear i was ahead of myself thinking you already had a lawyer after a re read. my concentration like admin law. buggered. No worries nomadic I'll look at that post and let it sink in later. Cheers bear
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Post by nomadic on Jun 4, 2019 19:09:38 GMT 7
A member has applied for file under FOI and has been told 28 days. Mine only took a few days if I recall but maybe because lawyer got it. Can anyone say how long it took them? How can it possibly take a month in this computer age? Or possibly just another wear them down tactic?
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Post by Deleted on Jun 5, 2019 9:07:53 GMT 7
A member has applied for file under FOI and has been told 28 days. Mine only took a few days if I recall but maybe because lawyer got it. Can anyone say how long it took them? How can it possibly take a month in this computer age? Or possibly just another wear them down tactic? Mine took a month. I did it online; and also provided my phone number. Had a couple of calls from them, about various documents, asking if I wanted them included. It was worth giving them the number I think, rather than going back and forth through emails, trying to second guess them. Cheers bear
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