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G DAY
Sept 15, 2014 9:26:22 GMT 7
Post by jimmy55x on Sept 15, 2014 9:26:22 GMT 7
Hello all.
Clearly I am a nubie so please be patient. Glad to find the forum.
So here is my story. I am 44 years old and suffered a broken spine in a car crash. I have been on medication for anxiety and depression for about 7 years. I applied for DSP a year ago and after about 8 months was rejected. While that was going through I applied again with a little extra evidence. Well I was still refused. I have 10 points for my spine and 10 for mental conditions. But apparently I need 18 months prior to my claim to be treated and stabilised. Well I have been on medication for 7 years and also been on medical certs for the last 3 years. To the point where centrelink advised me to go on DSP and now wont give it. But gave me another medical cert to June 2015. I am confused. So I appealed the 10 points based on a letter from my treating mental psychiatrist. Anyone got any ideas on how to approach this matter of being treated for the 18 months? Or other cases like mine that I can download? I should also say I was born in Australia, and have worked here all my life from age 13. I recently was married to a Philippino and that's going to be another story by the look of what you are all saying. I own a small condo in Thailand, and would love to get back there. As I can't afford to live here. I am just existing not living as such. Thanks everyone in advance Jimmy
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G DAY
Sept 15, 2014 9:37:39 GMT 7
Post by Banjo on Sept 15, 2014 9:37:39 GMT 7
Welcome to the board Jimmy. Your case is becoming more common as the government tightens the rules on the DSP. Have you had any advice for your appeals, for example Welfare Rights? What level of appeal do we mean here? ARO, SSAT? The Administrative Review Officer (ARO) is not really an appeal, you just ask some Centrelink seatwarmer to rubberstamp the decision they have already made. If you have not done so already, I'd ring Welfare Rights in your home state and ask for a chat, while they don't always get it right it will give you an idea of what you are up against. www.welfarerights.org.au/organisations/waKeep in touch, we'll be interested to hear how you go.
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G DAY
Sept 15, 2014 10:31:08 GMT 7
Post by blahblahblah on Sept 15, 2014 10:31:08 GMT 7
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G DAY
Sept 15, 2014 10:47:19 GMT 7
Post by newtodsp on Sept 15, 2014 10:47:19 GMT 7
Hello all.
Clearly I am a nubie so please be patient. Glad to find the forum.
So here is my story. I am 44 years old and suffered a broken spine in a car crash. I have been on medication for anxiety and depression for about 7 years. I applied for DSP a year ago and after about 8 months was rejected. While that was going through I applied again with a little extra evidence. Well I was still refused. I have 10 points for my spine and 10 for mental conditions. But apparently I need 18 months prior to my claim to be treated and stabilised. Well I have been on medication for 7 years and also been on medical certs for the last 3 years. To the point where centrelink advised me to go on DSP and now wont give it. But gave me another medical cert to June 2015. I am confused. So I appealed the 10 points based on a letter from my treating mental psychiatrist. Anyone got any ideas on how to approach this matter of being treated for the 18 months? Or other cases like mine that I can download? I should also say I was born in Australia, and have worked here all my life from age 13. I recently was married to a Philippino and that's going to be another story by the look of what you are all saying. I own a small condo in Thailand, and would love to get back there. As I can't afford to live here. I am just existing not living as such. Thanks everyone in advance Jimmy Hi Jimmy Welcome to the board. Sorry to hear you are having so much trouble with centrelink. My advice is to double check to see if you can score 20 points on either of your disabilties. Check with your doctors and get a copy and have a look at the impairment tables, and the guide to the tables. Centrelink will always try to downplay your disabilities and it maybe the case you are actually severely impaired. If you get 20 points in one table, you don't have to worry about any of the other requirements ie. 18 months on newstart looking for work. Also, if you let us know about the level of appeal, that would help. Welfare rights are helpful however I find they are not always up to date with all the information and lately I"ve spoken with newbies on the phone who have to keep asking the soliciter cos they don't know the answers to my questions. Re: having the condition treated and stabilised for 18 months, i'd like to know where in the legislation that is stated. I have looked at the social security act re: qualification for the dsp and I have seen no reference to this. I'm no expert but to me that sounds like bull and I've got a friend on the DSP who was granted under the new tables and whose condition was diagnosed and treated but it hadn't been 18 months since the diagnosis. So I would take that advice from centrelink with a grain of salt. Basically centrelink people don't know much and give conflicting advice, so it is important to consult on these boards, try to read the documentation yourself, and check with welfare rights too. There may be a legal aid organisation in your state, I haven't consulted with them before, but they might be helpful. Let us know how you get on. All the best. In a time of universal deceit - telling the truth is a revolutionary act. George Orwell
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G DAY
Sept 15, 2014 11:38:00 GMT 7
Post by Deleted on Sept 15, 2014 11:38:00 GMT 7
G'day Jimmy, welcome to the forum.
Ditto to the advice given and try not to let C/link drag ya down. That's maybe easier said than done I know and even though it shouldn't come into it.....Good luck!
Cheers bear.
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G DAY
Sept 15, 2014 16:06:36 GMT 7
Post by jimmy55x on Sept 15, 2014 16:06:36 GMT 7
THANK YOU. Everyone, I will get more data and post to you all. I am not that smart on the letter and argument type stuff. I do know I have rights, and I thank everyone for input. Best regards Jimmy
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G DAY
Sept 15, 2014 18:25:21 GMT 7
Post by fonze on Sept 15, 2014 18:25:21 GMT 7
I saw my ortho last week (11/09/2014), showed him latest xrays and he said my knees had deteriorated further and I was still inoperable, due to obesity, blood thinning medication, poor circulation in legs and one other condition which I forgot. He gave me a shot of steriods in each knee and see what happens, so the treatment is now pain relief if it works, he will give me a shot in each knee for a year and then re asses the situation. At the moment my knees are fully diagnosed, treatment is ongoing and according to my GP is permanent untill I have operation which ortho refuses to do for health reasons. I am still waiting on newstart and have been since march so how am I faring so far , opinions please bronco
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G DAY
Sept 15, 2014 18:54:14 GMT 7
Post by nomadic on Sept 15, 2014 18:54:14 GMT 7
Hi Jimmy, all the advice sounds god but as I have said many time you should also ask legal aid for advice as they have experts in the field even more so than welfare rights. THey should at least give you one free interview. As for the appeals, you can go all the way to the federal court after the SSAT and the AAT. Lastly, do not believe too much of what C/L says as there main priority is to get people off DSP. Even if you loose all your limbs they will put you on newstart to begin with and try and bluff you into accepting it. Good luck, Nomadic.
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G DAY
Sept 15, 2014 21:06:28 GMT 7
Post by Banjo on Sept 15, 2014 21:06:28 GMT 7
Legal Aid are under the hammer like a lot of welfare groups. They refused it to me for my SSAT and what advice I did get was to roll over and reapply for the pension. The reason they gave me was that they believed I was capable of funding a lawyer myself..... I actually got a better hearing from a pro bono lawyer at a local community centre.
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G DAY
Sept 15, 2014 21:23:01 GMT 7
Post by Denis-NFA on Sept 15, 2014 21:23:01 GMT 7
Legal Aid are under the hammer like a lot of welfare groups. They refused it to me for my SSAT and what advice I did get was to roll over and reapply for the pension. The reason they gave me was that they believed I was capable of funding a lawyer myself..... I actually got a better hearing from a pro bono lawyer at a local community centre. I have had excellent advice from legal 'eagles' at a local community centre.
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G DAY
Sept 17, 2014 9:22:33 GMT 7
Post by jimmy55x on Sept 17, 2014 9:22:33 GMT 7
Hello Again, Yes I am at the 1st level of appeal being an ARO. I have just came back from the psyc he does not agree with the 10 points, he has read the scale and says I have 20. So he has wrote another letter to disagree. I will submit that as extra evidence. So I have my GP saying escalation of existing condition, been treated 7 years. My psychologist saying I have been treated by him, and have wrote a letter about that. I have the specialist report on my spine and a report. I have a letter from the surgeon as well. I have the letters where I was in hospital 3 times for anxiety attacks. And letter from that doctor and the 2 psychologists for those events. So I have 20 points but don't understand this 18 months before I can get DSP. Well 1 year now. I will ring up now and ask for a explanation, that's if I don't die of old age on hold for the normal 90 minutes
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G DAY
Sept 18, 2014 9:19:58 GMT 7
Post by jimmy55x on Sept 18, 2014 9:19:58 GMT 7
OK got off the phone and they can't tell me what's going on. So I started to look around and here is the ruling. www.comlaw.gov.au/Details/F2011L01783It clearly says 18 months program of support UNLESS there was an exemtion. Which I had via medical certificates and centrelink itself for about 3 years. So that should be that lets see
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G DAY
Sept 18, 2014 10:21:51 GMT 7
gized likes this
Post by newtodsp on Sept 18, 2014 10:21:51 GMT 7
OK got off the phone and they can't tell me what's going on. So I started to look around and here is the ruling. www.comlaw.gov.au/Details/F2011L01783It clearly says 18 months program of support UNLESS there was an exemtion. Which I had via medical certificates and centrelink itself for about 3 years. So that should be that lets see Hi Jimmy If you get 20 points in one table, you have a severe impairment so that 18 months program of support does not apply. If you get 20 points across 2 tables, then it does apply. However if your doctor says you get 20 points in one table, then you're all set. Just get water tight reports written to this effect. All the best. In a time of universal deceit - telling the truth is a revolutionary act. George Orwell
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G DAY
Sept 21, 2014 4:27:22 GMT 7
gized likes this
Post by Denis-NFA on Sept 21, 2014 4:27:22 GMT 7
Hello Again, Yes I am at the 1st level of appeal being an ARO. I have just came back from the psyc he does not agree with the 10 points, he has read the scale and says I have 20. So he has wrote another letter to disagree. I will submit that as extra evidence. So I have my GP saying escalation of existing condition, been treated 7 years. My psychologist saying I have been treated by him, and have wrote a letter about that. I have the specialist report on my spine and a report. I have a letter from the surgeon as well. I have the letters where I was in hospital 3 times for anxiety attacks. And letter from that doctor and the 2 psychologists for those events. So I have 20 points but don't understand this 18 months before I can get DSP. Well 1 year now. I will ring up now and ask for a explanation, that's if I don't die of old age on hold for the normal 90 minutes G'day jimmy55xI am also a tad confused by your treatment by C/Link given your situation of initially being allocated 10 points on 1 table and 10 points on another. Let alone now having your psych saying you have 20 points on 1 table. Perhaps I have missed something but it was my understanding that any person was eligible for DSP as long as they had 10 points on 2 or more tables, being a minimum total of 20 points, and if you were/are in that situation then you are subject to the 18 month Active Participation rules/regulations criteria (and there are exemptions to having to comply) but you are still entitled to DSP. My other understanding is that if you have 20 points on 1 table then you are, again, automatically entitled to the DSP. That you have 20 points, whether under 1 table or 2 or more tables, and have not been granted DSP then my understanding is incorrect OR C/Link are incorrectly interpreting the legislation. A reference that some of us have made extensive use of is the online 'Guide to Social Security Law' which can be found at guides.dss.gov.au/guide-social-security-law which is, as far as I know, the same guide that C/Link uses. As Banjo suggested welfare rights is an excellent resource and I would also suggest you might consider making an appointment to see a Senator in whatever state you live in. It does not matter which party the senator is in nor if you agree with their policies but it is part of their job to help people deal with government departments. All the best.
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Post by jimmy55x on Sept 22, 2014 12:35:35 GMT 7
Thanks everyone. I will get water tight evidence, and submit it. I will get some legal help as well. Will post what happens next round Cheers
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