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Post by gypsy on Aug 14, 2017 23:26:38 GMT 7
Hi, just wondering if anyone else feels the same about them using the date of cancellation of your DSP as how you are assessed as fair or unlawful, when you have been DSP long term.
I just received a letter (along with a copy of the impairment tables) from DHS Litigation Branch, to had to my doctor (he ain't going to be happy) with 8 questions he has to answer in writing a report - describe the diagnosis and date of onset of the condition (they already know this).
Describe the treatment received prior to cancellation and dates relevant treatments were undertaken, how long such treatment was undertaken, and it goes on about further investigations or specialists treatments yet to be undertaken for the condition as at date of cancellation. Also wanting functional impact etc. They don't realise doctors don't have time for this and don't want to sit and write reports for Centrelink - they seem to think doctors have nothing to do.
This is where this date of cancellation is unfair - its as if we've just applied and have no history.
I had extensive therapy - physio, chiro, hydrotherapy etc. from 1997 for about 7 years plus did a 16 week pain management course which has helped me manage my pain and condition, but it doesn't matter how many times I go to chiro it is not going to make any significant functional change. They know this already.
So at the date of cancellation I was not having any treatment or surgery or seeing anyone -BECAUSE NOTHING CAN BE DONE, except look after myself and manage and live with my pain.
I feel something has to be done to change this, another reason why so many from the old assessments are losing our pensions and some of us who were assessed under the old table 20.
Also worked out from my customer records that under the assessments if you could not work at all you were coded as Manifest Eligible (MFN - not sure what this code means), which is different from the Manifest conditions now. I had this and I feel this is explains why I have not heard from them since 2003. I was granted DSP from a Centrelink Doctor, not assessed by a JCA Registered Nurse - but now all of this has become irrelevant.
I understand being assessed under the new tables, but feel when it is a cancellation it should be looked at from the whole picture, not what was going on at that date, we gave them our medical evidence years ago, if nothing has changed and a GP can confirm this, this should be enough, there's only so many medical reports you can get, no specialists want to see you if they can't help you and they don't want to see you just to write a report for Centrelink. I thought the idea of the DSP was because you were unable to work, you were granted it because you needed to look after your health, not to all of a sudden be made worse than you were because of stress. Why should we have to start from scratch.
Anyway thanks for reading, but I think the whole system has become so nasty, they use bullying integration, and change the rules so you have virtually no chance of winning - not that you should have to WIN your DSP. |
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Post by tasjo on Aug 15, 2017 5:54:23 GMT 7
Gypsy... If my experience with AAT 2 is anything to go by, what they are trying to work out is what their chances of defending this at a hearing are...
If there were further treatments available they would be able to justify the cancellation.
They use the date of cancellation purely because that is the decision date and also because of the 13 week law... a lot of new applicants get medical information excluded because it refers to a time outside of the 13 weeks after application.
My understanding with the medical information is that they must consider information up to and including the date of application plus 13 weeks. A lot of my medical info was from 2013 and 2014, it was all accepted.
You would potentially have more of an issue if there was reasonable treatment now available.
Can you get an advocate to help get the info from your doctor? They really helped me with the conference calls and getting info together.
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Post by nomadic on Aug 15, 2017 7:04:19 GMT 7
If there is a new magical cure then Satan must know more than all the doctors which is fantastic news. BUT why can't Gypsy stay on DSP until this cure is put into action? My brain injury will be cured also. Although maybe that's why they leave me alone, (at this stage), because they are not that good. GGGRRRROWWWWLLLLIIIINNNGGGG big time on this one. Nasty is not the right word gypsy. Lowest forms of life on the planet comes to mind. Try and stay as well as can be because we are stressing out enough for you.
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Post by Banjo on Aug 15, 2017 7:08:30 GMT 7
Don't worry about upsetting the doctor either, they're entitled to charge for a double visit for filling Centrelink forms so are well compensated.
Tell the receptionist what your requirements are when making an appointment so they can schedule accordingly.
I'm sick of the medical profession moaning about this, it's part of their very well paid job.
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Post by nomadic on Aug 15, 2017 7:19:54 GMT 7
Hear Hear again. totally understood and agreed with.
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Post by Denis-NFA on Aug 15, 2017 16:14:43 GMT 7
Don't worry about upsetting the doctor either, they're entitled to charge for a double visit for filling Centrelink forms so are well compensated. Tell the receptionist what your requirements are when making an appointment so they can schedule accordingly. I'm sick of the medical profession moaning about this, it's part of their very well paid job. Just to add to what Banjo has said. Your doctor is supposed to be there FOR YOU. Even if you have been seeing a doctor for years and years but is not helpful for treating your DSP condition and the Government paperwork that goes with that, then look for another doctor. Don't forget that an appointment is about a 5 to 10 minute consultation. Make sure that you tell the receptionist if you think you need more time because that way they can schedule appointments far better. |
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Post by krystal on Aug 17, 2017 15:10:39 GMT 7
They are going to use the Date of Cancellation because that's the date they made the decision that you were not longer qualified.
However, they are asking your doctor to give details of diagnoses, treatment and the rest that were current at the time of cancellation. And he can say "Given all treatments that are available do NOT help functionality, it is unwarranted to continue with these treatments.
I would suggest reading the JCA/GCD reports that was lodged at the time of review that they based the decision on.
This would give the assessors reasons for not continuing your DSP.
And those are the reasons you have to fight at the AAT.
Good luck.
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Post by anonmouse on May 30, 2018 20:16:24 GMT 7
Can you be sure to keep us all updated on any outcomes of your case.
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Post by anonmouse on May 30, 2018 20:19:57 GMT 7
They are going to use the Date of Cancellation because that's the date they made the decision that you were not longer qualified. However, they are asking your doctor to give details of diagnoses, treatment and the rest that were current at the time of cancellation. And he can say "Given all treatments that are available do NOT help functionality, it is unwarranted to continue with these treatments. I would suggest reading the JCA/GCD reports that was lodged at the time of review that they based the decision on. This would give the assessors reasons for not continuing your DSP. And those are the reasons you have to fight at the AAT. Good luck. JCA/GCD reports > What is that, Where are the links to them. |
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Post by Deleted on May 30, 2018 20:37:15 GMT 7
They are going to use the Date of Cancellation because that's the date they made the decision that you were not longer qualified. However, they are asking your doctor to give details of diagnoses, treatment and the rest that were current at the time of cancellation. And he can say "Given all treatments that are available do NOT help functionality, it is unwarranted to continue with these treatments. I would suggest reading the JCA/GCD reports that was lodged at the time of review that they based the decision on. This would give the assessors reasons for not continuing your DSP. And those are the reasons you have to fight at the AAT. Good luck. JCA/GCD reports > What is that, Where are the links to them. They will be in your Centrelink file which you can apply for under FOI (freedom of information) laws anonmouse Cheers bear  P.S. Information on how to get your file is available at the top of the board "Centrelink Decisions and Support." |
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Post by Banjo on May 31, 2018 6:48:57 GMT 7
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