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Post by darjockey on Apr 2, 2015 4:22:46 GMT 7
More Advice Required
As stated I had my portability interview on 27/3. Yesterday I was advised that my claim that I had for TDP had been approved (C/L were not aware of this ). The amount of the TPD is only little and have been advised it will not affect my DSP.
My question is should I let C/L know now so this can used as part of my claim for portability as it is being assessed at the moment or do I keep this up for sleeve to use in a appeal in case my portability is rejected?
Thanks in advance
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Post by scallywag on Apr 2, 2015 5:02:50 GMT 7
You are required to notify clink of changes to your circumstances but that's up to you. I don't see why/how it would affect a claim for portability, so you might find there is nothing up your sleeve when you look for it.
You say it wasn't much, I thought $100k as the standard TPD payout from super insurance but as you say , it it will not affect your DSP. You should also check if you have other super accounts, it's possible to get a TPD payout from each of your super accounts if you have enough money in them.
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Post by Banjo on Apr 2, 2015 8:40:29 GMT 7
When I applied for the UP I pointed out that my superannuation fund had paid me out years before as "never able to work again" but it never made any difference to the outcome.
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Post by darjockey on Apr 21, 2015 16:56:53 GMT 7
Update
Well received bad news today that my portability claim has been rejected but my DSP was to be retained. They said they I did not qualify for portability as I needed 20pts in at least one impairment table & to have no working future (min 0-3hrs P/W). Even though I had been assessed in Nov 14 of having 20pts for my spinal impairment alone , in this assessment they dropped it back to 10pts.
WOW I have improved 50% in 5 months I wish!!!!!!!!
So I advised them I wish to appeal so now I will go the appeal process as I did before hand when I first applied for the DSP...........Hears Hoping
But I must admit all though disappointed I expected it as I strongly believe they have a agenda to knock as many back as possible.
I feel very confident on going to appeal only time will tell
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Post by anthonydsp on Apr 21, 2015 17:13:37 GMT 7
Update
Well received bad news today that my portability claim has been rejected but my DSP was to be retained. They said they I did not qualify for portability as I needed 20pts in at least one impairment table & to have no working future (min 0-3hrs P/W). Even though I had been assessed in Nov 14 of having 20pts for my spinal impairment alone , in this assessment they dropped it back to 10pts.
WOW I have improved 50% in 5 months I wish!!!!!!!!
So I advised them I wish to appeal so now I will go the appeal process as I did before hand when I first applied for the DSP...........Hears Hoping
But I must admit all though disappointed I expected it as I strongly believe they have a agenda to knock as many back as possible.
I feel very confident on going to appeal only time will tell
Thats not very good news at all appeal all the way if you were assessed at 20 points in one impairment maybe you should go back to your doctor for another spinal X-ray or ct scan and have that as evidence for ur appeal because i think the ARO will just rubber stamp the original decision to not grant you portability and if it shows in your new X-ray reports or ct scan reports that you have a very bad spine and warrant 20 points in one impairment than thats great for you but give them photo copies of the new reports not the originals and have that on your file so the ARO can see the new evidence anyway good luck in ur appealing the decision
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Post by Banjo on Apr 21, 2015 17:26:58 GMT 7
Bad news indeed.
Sounds like you have a good case for appeal with your impairment being marked down by that much.
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Post by nomadic on Apr 21, 2015 19:17:53 GMT 7
Sounds like more C/L lies to me. They told me i had weakness in my Spasticity left arm. Only a full medical report won out. And what still riles me for those lies is that no one is ever held accountable. So as i have said many times, treat everything C/L staff tell you as an untruth if you feel otherwise. There lies are often as clear as saying black is white.
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Post by darjockey on Apr 22, 2015 5:57:20 GMT 7
Thanks for the words of encouragement by all. I really think it comes down to which assessor does your JCA. In my original appeal I had a very understanding assessor I just hope this is the case with my next ARO.
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Post by immiadvice on Apr 23, 2015 19:54:02 GMT 7
Wow. I would think the aro would reverse the decision immediately. How can they change the rating in 5 months. Utter rubbish.
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Post by darjockey on Apr 24, 2015 5:12:06 GMT 7
Wow. I would think the aro would reverse the decision immediately. How can they change the rating in 5 months. Utter rubbish. I can only hope but who knows with C/L
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Post by darjockey on May 21, 2015 12:59:43 GMT 7
Update
We'll had my review today and the answer come back as NO............I'm devasted to say the least ..........I know the next step is the SSAT but don't know if I got the strength to go through with it".
Questions for members or advice Has anyone had a favourable decision as SSAT? timeframes ? Do I need to a specialist lawyer to represent me ?
Just some of the questions going around in my head"..............Really feel like a prisoner in my own country
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Post by darjockey on May 30, 2015 9:02:48 GMT 7
I must say I'm at a bit of loss with the lack of advice or support from fellow members
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Post by scallywag on May 30, 2015 9:30:42 GMT 7
If nobody has an answer to your questions, it could be because nobody has an answer. I don't remember anyone having success with ssat, if they did they have probably moved on and don't visit the site any more. have you searched this site for ssat results? Time frames, up to them within their guidelines. As for a lawyer, I have had no success finding one that specialises in clink law, probably not much money in it.
I see that you yourself,have had success with an appeal. "My story quickly, I firstt applied for the DSP in June 14 and was knocked back for not having enough impairment points. I subsequently appealed the decision and was granted the DSP in October 14." My guess is that you know as much as anyone.
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Post by Banjo on May 30, 2015 10:56:03 GMT 7
I appear to have missed the post; most successful SSAT members have moved on, in nearly all cases it was to do with residency which is a door now closed. I did a residency SSAT a few years back and was successful, as I said different times, different rules. you can ask Welfare Rights to represent you, this is reasonably common and that have a lot of experience at this level. You certainly need to talk the case through with them if you haven't already, you have three months to appeal so there's plenty of time to go over the results. www.welfarerights.org.au/contact
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Post by nomadic on May 30, 2015 11:07:53 GMT 7
Hi darjockey. Yes, a number of wins at SSAT including my own, albeit after an 8 year fight. Talk to welfare rights at least and maybe legal aid and as I have said many times, you can't beat a specialist lawyer of which you may be able to find one who will work for free for you by calling the law institute in your capital and ask them for some lawyers who specialize in administrative law and who will at least listen to your story and then if they think you will win will help you further. Make sure you tell the law institute you want pro bono lawyers. Pro bono = free. I think all on the forum would encourage you to continue through all the appeals avenues especially if legal and medical opinions agree also. Nothing to lose and a new life to win.
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