Post by gypsy on Jul 26, 2017 14:40:47 GMT 7
Hi Everyone,
Just wanted to give an update, I received my written AAT 1 decision on the 3rd July, I just haven't felt until now about writing about it.
Yes, of course my appeal was rejected and the decision affirmed. I knew it was going to be the case from his attitude, he had already made up his mind before he had rung.
But the most annoying and frustrating part is the administration inconsistencies in the report writing. If you may remember from my last post about the weird questions he asked about if I watch television and use the internet - well here's apparently what I do -
I apparently said I watch TV for about 2 hours a day, read the local newspaper and magazines (I told him I don't buy magazines).
I had told him I had my friend with me who is an Enrolled Nurse who helps me sometimes, apparently my daughter helps me (I don't have kids and he asked me if I did).
He wrote I have inconsistencies with some of my evidence and the tribunal considered some of my evidence to contain a level of exaggeration.
He had a go at my musculo-skeletal specialist physiotherapist who is also an impairment assessor for workcover and tac. He had me fill out a questionnaire on my pain, but then did a thorough examination. The member wrote - The tribunal, being medically qualified is aware that this is a self-reported subjective measuring tool which is by its nature subject to patient exaggeration, as are all self-reported questionnaires.
There are other parts of it where regarding my knee, he wrote - The tribunal, being medically qualified, is aware that generally chrondromalacia patellae is not a condition which causes severe pain and limits mobility to a great extent. Hmmmm, what hope do I have.
He didn't even know what inoperable meant. There is no amount of therapy or surgery that can help.
The tumour sheath in my lower back couldn't get an impairment rating because he said it was diagnosed after my pension was cancelled, but it had been growing for the last twenty years. He made light of the fact that it can only be monitered by MRI Scans by saying - it will 'simply' be monitered, so it can't be classed as treated and stabilised.
The girl who was giving me phone advice from Legal Aid has gone on 6 months leave, so she got another person to call me, she read there report, the haven't even got the full file, just a few things I'd sent. (the first one told me I had a 50% chance at AAT 1), so this new girl says, that based on it's merit they can't help me, so I can't get lawyer, I can't get anyone to have a look at my file, the guy at Welfare Rights (a senior person) again who hadn't seen my file said - You won't get your pension back. I even tried Justice Connect for a Pro Bono Lawyer, no go, even the worst Criminal can get a lawyer.
All the reports from the JCA, ARO, Health Unit and now this one are all full of inconsistencies and bits they have decided to use. I am going through it line by line and writing everything that they have turned to suit themselves.
I have put in for AAT 2, but not sure I like my chances. I have looked at Eid vs Secretary and a recent one Harris vs Secretary and feel very related to these.
But I did find something interesting today, a report from the VLA - submission to Joint Standing Committee on Public Audits - Qualifying for the Disability Support Pension 14 November 2016 (discussion on disability rights - 26 April 2017. Page 62 talks about 'A Piece-meal multi-table assessment - the problem of multi body-system impairments. The interesting bit and makes a lot of sense is that people who had been granted DSP under TABLE 20 are being targeted for assessments and those that were eligible are now ineligible. The committee reported that when Table 20 was removed, 52 per cent of Table 20 cases were assessed using Table 1. It is our experience that assessors will use Table 1 to assess functional impact of a range of systemic conditions. They go on and complain about it. A interesting read, but I don't think many things from this have been implemented. And yes, I was granted DSP from TABLE 20, my back and kidney condition for Entrenched Chronic Pain. I have now been cancelled, as many have you have, left without a health care card etc., my mum is now helping me pay my home loan, you can't get your medications, see your doctor, or get to a Satanlink Office as you have no petrol, makes it harder to get there living in a rural area.
Sorry for my essay, but it's hard not to. Hope others here are doing better with their reviews, it certainly has become a very UNHUMAN SERVICE. I don't know how these people can sleep at night, knowing they have just pressed a button and put someone into instant poverty.
