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Post by tasjo on Nov 10, 2021 8:36:35 GMT 7
Thank you genx for that I’ve got the JCA report with me now and in the Job Capacity field it says light less skilled under the 8-14 hours per week and under the 0-7 hours per week it says Not Applicable. It also mentions that my psychiatrist has said it is hard to say about the job capacity because there are period when they can work but it depends on severity residual symptoms and type of work they do ( as I already said to my doctor that I work part time with my father ) but the reality is I just went with him but stay in the car so that I go out and not stay at home. It also mentions that I was last employed for 20 hours in a fortnight and it says I stated that I struggle to keep my job at Uber Driver and may be able to cope if I reduce my job to 8 hours per week. Sam - the capacity is the most likely issue - for UP to be granted your capacity must be 0-8 with no likelihood of increase (including with support) for the next 5 years. Often people will have a low capacity now but may be assessed higher due to their abilities with support. Your psychiatrist will need to be specific in your capacity if they are going to support your request for a review of the decision or an appeal (ie Sam can manage x hours a week when his symptoms are well managed, however this decreases to x hours when under stress)
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Post by bear on Nov 10, 2021 9:56:29 GMT 7
sam have a thorough look at table 5. Where it says the person has difficulties with most of the following; if there are six descriptors in any particular points table, you need to meet at least four descriptors to reach eligibility for those points. It's these descriptors your medical professionals need to address in a similar manner as they are written in the tables. It can also be beneficial to honestly self assess by going through the tables, to come to your personal conclusion on what applies, then explain to your doctors and specialists why you think any particular set applies to you. Cheers bear
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Post by genx on Nov 10, 2021 10:00:36 GMT 7
Thank you genx for that I’ve got the JCA report with me now and in the Job Capacity field it says light less skilled under the 8-14 hours per week and under the 0-7 hours per week it says Not Applicable. 8-14 hours a week is disqualifying for IP. The problem is with the information in letters by your medical professionals and your recent work.
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Post by Deleted on Nov 11, 2021 16:21:43 GMT 7
Hi guys thank you for your responses I had my appointment with a psychiatrist today and he said I agree with your work capacity under 8 hours but I’m not sure if I write the letter would help any because your other psychiatrist who you have been with more than 4 years is saying something else she says you may cope with work if you reduce your work to 8 hours and that’s equal to what will disqualify you from portability.
He said leave the JCA report with me and give me some time to see what is best to consider in the letter and I will email you the letter once I finished it hopefully you get this payment.
I was wondering what will you think you think it may reverse the decision or they may call me for more evidence?
Thanks, Sam
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Post by genx on Nov 11, 2021 18:25:13 GMT 7
I was wondering what will you think you think it may reverse the decision or they may call me for more evidence? Which decision are you asking to be reversed? The JCA that says that you can work, or the decision about the IP? One follows the other. Your other psych letter may be a problem too. Perhaps you can get the psych that wrote the ambiguous letter to clarify.
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Post by bear on Nov 11, 2021 20:30:53 GMT 7
I was wondering what will you think you think it may reverse the decision or they may call me for more evidence? Which decision are you asking to be reversed? The JCA that says that you can work, or the decision about the IP? One follows the other. Your other psych letter may be a problem too. Perhaps you can get the psych that wrote the ambiguous letter to clarify. Two professionals, opposite opinions, seems to be the current flavour for everything today; suggesting to me they're possibly being more attentive to their political views rather than what their professional ones should be and what their text books say. Perhaps it's always been thus but, it'd be pretty crook if you now need to ask so as to consider your medical professionals political affiliations over their medical qualifications. Just thinking out loud......... Cheers bear
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Post by Deleted on Nov 12, 2021 18:49:47 GMT 7
I’ve got the letter from psychiatrist today and in the letter which is about one an a half pages says About my condition as I have been reviewed with that psychiatrist two times once in 2019 and another one just yesterday and at the end the dr mentions that he thinks I have no capacity of work and I stopped working uber because I hear voices and poor concentration and more as well as I stopped helping my dad at work and I can’t do physical work.
I also plan to get a letter from GP specially my own psychiatrist who had provided information about my job capacity to Centrelink but it was unclear before to clarify and say I have no future work capacity at least for the next five years if I could I want to talk to my case manager to talk to my dr about this and request a letter as i have discharged recently from the clinic and it takes time to get back there and see the dr in person myself as I’m going overseas in about two months but lets see what happens.
I talked to Centrelink today as well they said provide as many evidence as possible if you have letters from professionals that you can’t work hopefully you get better outcome this time.
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Post by Deleted on Nov 25, 2021 18:00:26 GMT 7
Hi bear I booked appointment with lawyers to get help in this matter but I have a question for you. Do you think the ARO will change the decision and they will grant portability this time or at least how likely will I get portability as I’ve provide evidence from my psychiatrist and GP about newly reviewed and have no capacity to work. As you said gathering new evidence would be highly beneficial. How these evidence affect their decision? To be honest I’m bit stressed about this and I have to go back to my country and stay for long time and I can’t do anything there. Thanks, Sam
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Post by bear on Nov 25, 2021 19:32:16 GMT 7
Hi bear I booked appointment with lawyers to get help in this matter but I have a question for you. Do you think the ARO will change the decision and they will grant portability this time or at least how likely will I get portability as I’ve provide evidence from my psychiatrist and GP about newly reviewed and have no capacity to work. As you said gathering new evidence would be highly beneficial. How these evidence affect their decision? To be honest I’m bit stressed about this and I have to go back to my country and stay for long time and I can’t do anything there. Thanks, Sam I think it's very very unlikely the ARO will change the decision sam. Where the new evidence will be beneficial is at the AAT 1 stage of an appeal of your original negative decision; which is the next step in the process. You applied..... You were rejected...... You are appealing to an ARO; who 99.9% of the time won't change the ODM's decision. Once it's been confirmed the decision stands, your next avenue of appeal is through the Administrative Appeals Tribunal. This is who you get to present your upgraded medical evidence too. I personally think they've not only done you a disservice by saying it will be included in your current review, I think you've been straight out lied to because; the ARO can only view the evidence from within your original application. Other members are more conversant with the AAT process than myself; but I think you have 13 weeks after a negative ARO decision to start that process. Hopefully someone will be along to guide you through this next step. Cheers bear
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Post by bear on Nov 26, 2021 6:16:15 GMT 7
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