Interesting Successful AAT Appeal.

[Banjo]

SOCIAL SECURITY - Disability Support Pension - relevant period - mental health condition - whether fully diagnosed, fully treated and fully stabilised - relevance of medical report outside relevant period - whether Applicant has a continuing inability to work - severe impairment - exemption from Program of Support - work capacity assessment - inability to work - inability to undertake training - decision set aside and substituted.

Dr Prodromou indicated in her report dated 26 March 2015 that the condition of major depressive disorder was temporary

So this is not the end of the line.

In my opinion, it is clear that Ms. Osborne has been fully treated. She has indeed sought a very wide array of treatments in her attempts to address her depression and anxiety.
Fully Stabilised
In my view, Ms Osborne’s symptoms appear stable. She continues to experience significant levels of depression and anxiety and has not achieved meaningful remittance”.


Quite list of treatments she has undergone there.

www.austlii.edu.au/au/cases/cth/AATA/2016/988.html

[Banjo]

Anyone appealing an unsuccessful DSP application on the grounds of depressive illness should read this carefully.

[murphy]

"Mr Nacion contends that Mr McCorriston’s report of 12 October 2016 should not be taken into account as it was prepared after the relevant period. However, I have already found that the condition was stable at the time of the relevant period and that the opinions expressed in the report are relevant to the impairment suffered at the time of the qualifying period.

I am of the opinion that the Job Capacity Assessor’s unsupported expectation of an improvement in Ms Osborne’s functional ability influenced the assessment of Ms Osborne’s work capacity. Accordingly, in this case, I place less weight on the assessments of the Job Capacity Assessor and prefer the opinion of the treating Clinical Psychologist."

So, Satanlink will dispute any report written after the relevant period and argue that their JCA is better than a clinical psych -- and in this case lose.

If only all AAT members were like Mr Conrad Ermert.

[Deleted]

AAT members should be as observant as Mr Conrad Ermert.

And the JCA assessors need to be trained and reprimanded.
Centrelink is going after the vunerable ,
when time after time , their own staff are not performing ,
and getting good salary.

Ms Osbornes appeal is a valuable reference.

[Deleted]

Note the Lawyers for Respondent- Sparke Hellmore.
High profile Lawyers in sevral capital cities.
Why does Centrelink need Lawyers at AAT?
Government complains about excessive expenditure.

What about the costs for Lawyers and Government Doctors.

The press, TV , need to report on this to the
Australian public, instead of saying about us
all the time on welfare.

[Banjo]

You should write to your MP suggesting that making JCA assessors defend their own rulings in the AAT would be a considerable saving and also increase the informal nature of the hearing.

[Banjo]

I decided to try Mr X

Dear Senator Xenaphon,

as someone who takes an interest in AAT cases, in particular those affecting DSP decision appellants, I would like to suggest that the JCA officers responsible for the decision under appeal be required to defend it at the tribunal.
This would be a considerable saving on Centrelink using lawyers like Sparke Helmore.
It would also add to the informal nature of the proceedings and reduce the stress on appellants who have been refused legal aid for their own lawyer which is often the case,
Banjo


Anyone wishing to use it please do.

[Deleted]

So the jca's have been trained to knock back anyone with depression?

[Banjo]

I doubt it would be black and white, they would probably notice that those who refuse more mental illness related applications move up the ladder faster.

[seekinggrace]

well I am at AAT on 19.1.17 - have spoken to a leagal aid person and while she was encouraging, as you say the little people are pretty much on their own. I am just completely stunned that despite a 20 -30 point assessment by my doctor on the impairment ratings and meeting all the criteria I have been given a score of 10 by Centrelink. First - why then did i have to pay an extended consult at my doctor to have a careful and accurate evaluation according to the ratings scale? Second - how can they disallow a perfectly legitimate program of support? Third - how can they tender a JCA report riddled with inaccuracies and misinterpretation of data? Fouth - how can the ARO get away with regurgitating the same inaccuracies and misinterpretations which basically plagiarised the JCA report? The legal aid lady has asked for permission to share my AAT submission with others who need help writing and I am more than happy to share with anyone here. Not guaranteeing I will be successful mind you but here's hoping. By the way I have severe COAD/Asthma overlap.

[seekinggrace]

I will edit the above post as I should have said that all contact with Centrelink has been via video -link or phone. The only face to face was in the actual lodging of my claim.

[Banjo]

Welcome to the forum seekinggrace, I would very much like a copy of your submission for my own files.
You can email to [e-mail]

Your experience seems to be coming more and more common, I genuinely believe that the people doing the JCA's should have to turn up to defend their assessment rather than Centrelink supplying some high paid lawyer.

[seekinggrace]

I will gladly send you a copy- should be in your inbox now - I am just tweaking it now so there may be slight differences in the final draft. I am hoping that it can be of use for some people.

[seekinggrace]

Hi Banjo can you let me know if you have received my email- it hasn't shown up in my sent box despite a second attempt.

[Banjo]

Yep, it's there, thank you very much.