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Post by tasjo on Jan 27, 2017 9:03:58 GMT 7
Sigh... I got the AAT decision today and while it gives me the impairment points (I have 25 in total) it refers me to Newstart and a POS. It also has changed in relation to my mental health impairment since the hearing, and the letter states not fully treated and stabilised. Round and round the mulberry bush... I guess I keep going till I do 'fall down'
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Post by Banjo on Jan 27, 2017 9:22:52 GMT 7
Don't look at further appeals as some sort of penalty or punishment, it's your right to tell them they have got it wrong and they have to go over it again...
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Post by tasjo on Jan 27, 2017 10:40:04 GMT 7
I'm just not sure I'm up to a lvl 2 Tribunal having gone through Fairwork and Workers Comp. I think I would prefer to appeal the POS participation and possibly the length of time they say I participated for. One of my concerns is that in person I present quite well and I feel I may end up woth less than 20 points at a full Ttibunal.
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Post by nomadic on Jan 27, 2017 16:36:46 GMT 7
I always tell people to appeal like banjo. Nothing to lose and all to win at cost to them only. And a win is like the lottery. The relief is fantastic and I would have brooded over it forever had I have not gone for it. They are not good people so we need to oppose them at every chance we get. Imagine if everyone on DSP knew of this forum. Oops banjo would be over worked if not already so probably not a god idea after all. As suggested many times here though. Imagine if we could all get together and march, hobble or be pushed. It is everyone on DSP who suffers not just we forum members is how i see it.
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Post by tasjo on Jan 27, 2017 19:13:11 GMT 7
Its just daunting contemplating a level 2 tribunal with lawyers when I wouldnt have any, but I am probably in a better position to do it than some others. I'll see what welfare rights say about putting in a second appeal while also appealing the POS requirement. I would be able to address the Treated and Stabilised I think with support from my psychologist, and appeal the table 1 score. The member says all criteria has to be met for a 20 point score when the legislation says 1 or 2 or 3 and 4... I met 1, 3 and 4
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Post by krystal on Jan 27, 2017 22:28:30 GMT 7
Tasjo
I know it seems daunting and you do have some time to think about it however;
Before you get to the Level 2 Appeal you get to talk to Legal Aid (as part of the AAT process); AND You get an Alternative Dispute Resolution/Mediation.
Legal Aid should tell you where you case needs bolstering and the ADR/Mediation will set out exactly what Centrelink doesn't like in the application.
Appeal, visit the Community Legal Centre/Welfare rights, and use the AAT processes (legal aid/mediation) to your advantage.
If you can't see a way through or it gets too much you can always withdraw/lodge another DSP application with stronger evidence from your psychologist.
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Post by krystal on Jan 27, 2017 22:42:57 GMT 7
I'm just not sure I'm up to a lvl 2 Tribunal having gone through Fairwork and Workers Comp. I think I would prefer to appeal the POS participation and possibly the length of time they say I participated for. One of my concerns is that in person I present quite well and I feel I may end up woth less than 20 points at a full Ttibunal. Did you finish a Program of Support? One of the exceptions to the POS 18 months rule is that you don't have to have done 18 months if the Program itself didn't go that long. Even then, if you didn't finish the POS because of your impairment AND you get the provider to fill out the "Program of Support Form" (requirement 5) you will probably be covered by Requirement 2, 3, or 4. 1.1.A.30 Active participation in a program of support (DSP)and the following requirements are satisfied:
1) the person participated in the POS for at least 18 months during the relevant period applying to the person, or
2) where the duration of the POS was less than 18 months, the person completed the entire program during the relevant period applying to the person, or
3) where the POS was terminated before the end of the relevant period applying to the person, the POS was terminated because the person was unable, solely because of his or her impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program, or
4) where at the end of the relevant period applying to the person, the person is participating in the POS, the person is prevented, solely because of his or her impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program, and
5) the person provides the (delegate of the) Secretary with information which demonstrates the person's participation in the POS. This includes but is not limited to the details of the designated provider of the program (1.1.D.115), the dates the person participated in the program, the dates the person did not participate in the program and why, the terms and activities of the program specifically designed to address the person's impairment, needs and barriers to employment and to help the person to prepare for, find and/or maintain work,
(From Banjo's thread dspoverseas.proboards.com/thread/3872/points-work-requirements-program-support)
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Post by tasjo on Jan 28, 2017 5:09:36 GMT 7
Krystsl - I will talk to Welfare Rights next week. I was enrolled in a POS but as a voluntary participant. I exited due to my health and due to there being nothing they could do to improve my capacity. However, they didn't fill in the POS Exemption form and when I got the letter from them it simply stated I had left at my request. As a voluntary participant I had no mandatory obligations. I'm not sure why the letter didn't match what was discussed but at a guess I would say maybe the providers get penalised for giving POS exemptions?
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Post by tasjo on Feb 9, 2017 14:41:11 GMT 7
Status update.. I will be requesting a lvl2 review but Welfare rights have indicated I would be seeking to establish case law I am also going to apply for newstart knowing that I will probably be classed as ineligible for support due to reduced capacity.
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Post by tasjo on Feb 20, 2017 8:29:56 GMT 7
I have decided to contact a local senator and see what can be done. I've started with Steven Parry but will be going from there. Now to lodge the 2nd review.
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Post by Denis-NFA on Feb 20, 2017 22:35:06 GMT 7
I have decided to contact a local senator and see what can be done. I've started with Steven Parry but will be going from there. Now to lodge the 2nd review. tasjoI would encourage you, perhaps through asking Steven Parry's office as to whom to contact, to also contact Rachel Siewert in West Australia. Senators represent their State but they are also tasked with representing all Australians, irrespective of the home address of the 'plaintiff'. Whereas a 'member' of Parliament really only has to represent their 'home' constituency. Trust all things go well for you with the 2nd review. All the very best and stay strong.
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Post by tasjo on Feb 21, 2017 5:50:21 GMT 7
Thanks Denis - my to do list today includes contacting Rachel Siewart. I have my centrelink medical cert for Newstart to take in as well.
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Post by snooks on Feb 22, 2017 3:19:04 GMT 7
Good Luck tasjo If there is any way we can help, research, phone calls or anything......just shoot us a message and we will get straight on it. Cheers
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Post by tasjo on Feb 22, 2017 5:22:26 GMT 7
Good Luck tasjo If there is any way we can help, research, phone calls or anything......just shoot us a message and we will get straight on it. Cheers Thanks so much... There is a few things that I know are on the forum but I'm struggling to find them easily I need to find a case where the higher impairment rating has been awarded because of the criteria being '1 or 2 or 3 or 4' and '5' where the applicant meets 1, 2, 4 and 5 (its for Table 1 20 points if that helps) I also need to find when the Program of Support exemption has been granted due to capacity not increasing despite participating with a Disability Employment Service. Where would I look for Legal Aid as Welfare Rights are unable to represent me. I have submitted my request for a 2nd review and requested a priority review as I am not currently receiving any payment.
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Post by snooks on Feb 22, 2017 6:12:46 GMT 7
I'll spend a few hours going through the AAT Site and reading and investigating the appeals, seeing what that turns up.
Thats about the best way i think that i can help. Meanwhile, other people may have better ideas that we can look at.
Regards Legal Aid, when i needed them for a different reason, i simply called the local office and made an appointment. Perhaps google their site up and choose a location near to you?? I assume you are in Oz?
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