Post by krystal on Dec 19, 2016 16:23:18 GMT 7
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.
They tried to get my on the Program of Support thing too. Centrelink holds fast to the "if it isn't a Centrelink POS it isn't a POS" even though the legislation states something totally different. I even got my provider to fill in their stupid POS form which they put in the documents but Centrelink denied knowing it was there.
My submission included how my POS satified the criteria of SS Act s94(5), s94(2)(aa), s94(3C) and Part 2 Section 5 of the Social Security (Requirements and Guidelines – Active Participation for Disability Support Pension) Determination 2011.
Pages and pages of explanation of how my POS satified the criteria - went to the AAT - Tribunal Member didn't mention it at the hearing, didn't deal with it in post hearing submissions, and completely ignored it was a contention and gave the final decision without dealing with it.
Good Luck Grace