TAS Advice on Disability Pension application

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hereshoping

Member
10 May 2017
1
0
1
Hi - I would like some input please. I have applied for disability support pension January? last year and was denied. Asked for review and ARO spat out a duplicate of the error ridden first denial. Went to AAT and was again denied and now awaiting second AAT hearing. I have COPD / Asthma overlap - my doctor studied the impairment ratings and said 20 - 25 but as it rounds down she certified 20 on the DHS scale. The condition is permanent and at the time of application and for the following 13 +weeks was "diagnosed treated and stabilised" as per the DHS criteria. AFTER the 13 week period my condition worsened hence the consensus is that I was not stabilised and treated. My argument is that my condition WAS diagnosed treated and stabilised in that window and as this is a continually declining condition how can DHS pull medical data outside (after)that 13 week period and apply it claiming that I am not stabilised. I am not permitted to site my worsening condition in my favour. What should I do? How do I approach this please.Advice would be gratefully received.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
You may need to get a lawyer and go to court.
 
10 February 2018
3
0
1
Hi - I would like some input please. I have applied for disability support pension January? last year and was denied. Asked for review and ARO spat out a duplicate of the error ridden first denial. Went to AAT and was again denied and now awaiting second AAT hearing. I have COPD / Asthma overlap - my doctor studied the impairment ratings and said 20 - 25 but as it rounds down she certified 20 on the DHS scale. The condition is permanent and at the time of application and for the following 13 +weeks was "diagnosed treated and stabilised" as per the DHS criteria. AFTER the 13 week period my condition worsened hence the consensus is that I was not stabilised and treated. My argument is that my condition WAS diagnosed treated and stabilised in that window and as this is a continually declining condition how can DHS pull medical data outside (after)that 13 week period and apply it claiming that I am not stabilised. I am not permitted to site my worsening condition in my favour. What should I do? How do I approach this please.Advice would be gratefully received.


I was also denied the first time how long after diagnosis did u apply for DSP..