Successful Austism Appeal Decision

[Banjo]

Barriers to be addressed
...
Social interaction
Limited social communication skills, which may impact on ability to maintain effective personal relationships, as well as with prospective employers/peers/ colleagues.
Anxiety Disorder
Symptoms of anxiety impacting on mood and level of functioning.
Language/communication
Difficulties with speech, this may have an effect on employment options and performance.
Limited employment history
Does not have any employment skills and experience. This may reduce his competitiveness in the open labour market.
Workplace support required
Limited ability to sustain work unassisted.
Concentration limitations
Impaired concentration impacting on ability to maintain focus on work-related tasks.

www.austlii.edu.au/au/cases/cth/AATA/2017/684.html

I found this interesting as this man would have been classed as lazy, does not want to work and "needs to man up and get over it" because of his issues for most of his life.

[murphy]

It's unlike the AAT to care much about "This may reduce his competitiveness in the open labour market."

And it's only "may", not "will."

[Deleted]

It sure gives hope though.

[krystal]

I'm glad the AAT overturned this decision. Although I wouldn't be surprised if Centrelink appeals it.

"The JCA awarded the applicant a total of 5 impairment points, recommending zero points in Table 2, Upper Limb Function, and Table 3, Lower Limb Function, respectively for impairments due to EDS, 5 points under Table 7, Brain Function, for autism and zero points under Table 7, Brain Function, for impairment due to ADHD.

It further found that the applicant had a capacity for work within two years with intervention of 15 to 22 hours a week. "


The Tribunal Member says "There are some issues in relation to that assessment, which I will come to shortly".
I think this was an understatement.

[murphy]

You don't see many Satanlink appeals to Fed Court, but that was my first thought, too, Krystal. I think if AAT decisions provided binding precedent (like a court decision) they would appeal. But with Tribunal decisions being "merely influential" on future Tribunal matters, hopefully they'll let it go. This guy's been through more than enough.