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Post by Banjo on Aug 18, 2016 15:53:09 GMT 7
Herzog and Secretary, Department of Social Services (Social services second review) [2016] AATA 609 (16 August 2016)16 August 2016
INTRODUCTION Mr Dean Herzog was granted an invalid pension in 1979. He was transferred to a Disability Support Pension (“DSP”) in 1991. Following a request by Mr Herzog for indefinite portability of his DSP in October 2014, the Department commenced a review of his entitlement to DSP. That resulted in a decision to cancel his DSP on the basis that his impairments did not attract 20 points or more under the Impairment Tables and that, therefore, he no longer qualified for DSP. Mr Herzog unsuccessfully sought review of that decision by an Authorised Review Officer (“ARO”). He then sought a review of the ARO’s decision by the Social Services and Child Support Division (“SSCSD”) of this Tribunal. That, too, was unsuccessful. He now seeks review of the SSCSD’s decision by the General Division of the Tribunal. For the reasons outlined below, I do not consider that Mr Herzog qualified for DSP at the date of cancellation, as his impairments did not attract the requisite number of impairment points. The SSCSD’s decision is therefore affirmed.
Summary - impairment rating It follows from what I have said that Mr Herzog’s impairments attract five points, being under Table 1 (Functions requiring Physical Exertion and Stamina). As Mr Herzog did not have 20 points or more, he did not qualify for DSP at the relevant time.
Does Mr Herzog have a continuing inability to work? In light of my conclusion as to Mr Herzog’s impairment rating, it is not necessary for me to address this question. www.austlii.edu.au/au/cases/cth/AATA/2016/609.html
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Post by Banjo on Aug 18, 2016 15:55:22 GMT 7
I cannot believe that he only had 5 points.
His doctors reports make interesting reading, I've not included the full appeal, go to the link if you're interested.
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Post by itsmylife08 on Aug 18, 2016 17:58:41 GMT 7
I cannot believe that he only had 5 points. His doctors reports make interesting reading, I've not included the full appeal, go to the link if you're interested. I certainly can concur with that , I think all concerned shot each other in the foot enough said !!!!  |
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Post by bunyip on Aug 19, 2016 5:42:30 GMT 7
His been on the DSP since 1979 what chance does he have of getting a job? seems very cruel to take away his DSP and dump him onto Nostart when he probably have zero employment chance. l guess theres a risk applying For U.P especially if you have never been assessed under the new 2012 medical tables.
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Post by Deleted on Aug 19, 2016 6:25:14 GMT 7
I haven't read the whole thing sorry but he has Schizophrenia and only got awarded 5 (or none) points for it? That really stands out to me and confirms my suspicions that mental illness will no longer get points because the bean counters have decided it isn't permanent.
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Post by murphy on Aug 19, 2016 7:08:25 GMT 7
I haven't read the whole thing sorry but he has Schizophrenia and only got awarded 5 (or none) points for it? That really stands out to me and confirms my suspicions that mental illness will no longer get points because the bean counters have decided it isn't permanent. The schizophrenia was diagnosed in the late 70s. He initially received treatment in the form of sedation but in the 80s went through a program to come off them. No medication or psychiatric treatment since - self management and seeking out people who understood his behaviour. First psychiatrist said no illness apparent anymore, two others said there is illness, but they weren't called to give expanded evidence on impairment. You're damned if you don't maintain relationships with psychs. Ridiculous, given the intrinsic nature of the illness. |
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Post by krystal on Aug 20, 2016 13:18:33 GMT 7
Firstly, Courier Mail why do you still employ Vanda Carson when she was voted "NEW NOMINEE AS AUSTRALIA’S WORST JOURNALIST". "She ranks as the worst journalist of her gender and one of the worst of News Limited." www.australiasworstjournalist.com.au/news-media/newspaper/courier-mail/vanda-carson-courier-mail-liar-extraordinaire/Confusing decision Five points for Ischaemic heart disease [@38] and Five points for Schizophrenia [@57] but a total of 5 points. "A Job Capacity Assessor told the tribunal Mr Hertzog could work up to 14 hours a week." How can you have impairment/s not worth 20 points when those impairments only allow you to work 14 hours? So we have a man that has been unemployed for 37 years, that can only work 14 hours a week, that does have Ischaemic heart disease and schizophrenia. No mention of his age (guessing at least 57+) so their decision is "let's put him on NoStart, he'll be snapped up in a second"? The whole system has gone doolally !!! |
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Post by Banjo on Aug 20, 2016 14:55:24 GMT 7
The job centers will take him, they'll be earning for years off of him.
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Post by bunyip on Aug 20, 2016 16:46:37 GMT 7
yes the only winners are the greedy corrupt jobnetworks who will make tens of thousand off him until his old enough for the age pension making him doing endless useless programs that don't lead to any jobs as almost no employer will want someone whose ill and has been on the DSP since 1979. They should have left him on the DSP instead of dumping him onto Nostart and poverty, probably cheaper for the taxpayers then feeding him to the jobnetworks |
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Post by nomadic on Aug 20, 2016 18:03:11 GMT 7
Firstly, I have been screaming for years now that the only certain way to win your case is with the help of lawyers. Without someone who knows the laws C/L can tell you anything and often do. Most people take what they say as the truth and it is often blatant lies. I wonder if this guy had legal help.
Secondly, this gutter journo must be bad if she is worse than Ellen Whinnet of the Mel Herald Sun or her co gutter crawler Padraic Murphy whose article on the disabled was as despicable as any ever. But then again news limited in general belongs in the gutter and anybody who works for them is the equal of the politicians they promote. Add Mitchell and Elliot of 3AW and you have all the worlds problems covered in three words. POLITICIANS & TABLOID MEDIA.
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Post by murphy on Aug 20, 2016 19:44:01 GMT 7
5 points ischaemic heart disease. Schizophrenia not fully treated and stabilised, so 0 points (but if it were fully treated and stabilised, still only 5 points).
You must satisfy both limbs of s94 - 20 points on the tables AND CITW (unable to work 15 hrs per week, although for UP it's no capacity). While he had CITW for ordinary DSP purposes, he didn't satisfy the 20 points. So there goes his DSP.
Anyone with mental illness MUST maintain a relationship with their psych, lest they be deemed to not be fully treated/stabilised. As I said above, the very nature of mental illness makes this a ridiculous requirement.
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Post by Deleted on Aug 21, 2016 7:17:34 GMT 7
5 points ischaemic heart disease. Schizophrenia not fully treated and stabilized, so 0 points (but if it were fully treated and stabilised, still only 5 points). Anyone with mental illness MUST maintain a relationship with their psych, lest they be deemed to not be fully treated/stabilised. As I said above, the very nature of mental illness makes this a ridiculous requirement. The so-called "treated & stabilized" is to ensure & to force people into making sure that they're taking dangerous & toxic pharmaceutical drugs ($$$), to only suppress the symptoms, while the real underlying causes do not get really get addressed and over time may gradually get worse. It is a fact that that they are relying on a gullible (brainwashed etc.) public, in order to reap massive profits. They certainly wouldn't want everyone healthy now would they, this would drive them out of business in no time! In other words, one is forced to swallow their dangerous and usually useless drugs to ensure people remain unwell, unless they are botanicals for example (derived from nature), or they threaten to cut one off the DSP! Many so-called doctors these days are like drug pushers & salesmen, of course that's a different story, but it's all related after all. |
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Post by Banjo on Aug 21, 2016 8:44:13 GMT 7
I've said this before but a few years back I cleaned out my late father's medicine cabinet and took two shopping bags full of prescription drugs, many unopened, down to the local hospital for disposal.
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Post by murphy on Aug 21, 2016 9:42:08 GMT 7
Yep, they want you on the meds.
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Post by itsmylife08 on Aug 21, 2016 22:24:52 GMT 7
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