Copyright rests with the author of these materials Copyright rests with the author of these materials. Reproduction without express written permission from the author is prohibited. All requests should be directed to the Legal Learning and Development Manager, Victoria Legal Aid, 350 Queen Street, Melbourne.  Disclaimer: The material in this publication has been prepared for Victoria Legal Aid staff and community legal centre staff and volunteers for study purposes only. The information contained should not be relied upon as legal advice, and should be checked carefully before being relied upon in any context. Victoria Legal Aid expressly disclaims any liability howsoever caused to any person in respect of any legal advice given or any action taken in reliance on the contents of the publication.

Human right to social security Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966: “The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance”

Convention on the Rights of Persons with Disabilities 2006 Disability results from the interaction between persons with impairments and attitudinal and environmental barriers Majority of persons with disabilities live in conditions of poverty; the critical need to address the negative impact of poverty on persons with disabilities

In practice, not a concrete right Misinformed community perceptions –easy to claim DSP! DSP claimants v Dole bludgers Assumptions about partiality of treating professionals Preference of Centrelink experts (i.e. JCA, HPAU etc.)

If you disagree with a Centrelink decision Can ask for a review Ask for this within 13 weeks (back pay) One in three Centrelink decisions get changed

Administrative Review Process Centrelink decision Authorised Review Officer Administrative Appeals Tribunal - Social Services & Child Support Division (Tribunal Amalgamations Act 2015) Administrative Appeals Tribunal – General Division

Reasons to Review The review process is informal Ask for review by calling Centrelink Result in important outcomes for the client More detailed medical evidence can make a difference

Centrelink decisions – Administrative Review for the year 2014/15 Total Applications % Successful Authorised Review Officer 111,982 33.9% (42,732) Social Security Appeals Tribunal 12,289 24.7% (2,619) Administrative Appeals Tribunal 1,999 20.3% (354)

Centrelink Decisions - Administrative Review FOR YEAR 2009/10 Total Applications % Successful ARO 186,718 33.30% SSAT 12,617 29.50% AAT Customer Applications 2,647 27.50% AAT Secretary Applications 79 40.40%

The “Holy grail” of DSP Fully Diagnosed, Treated and Stabilised condition (FDTS) Minimum 20 Impairment Points under Tables Continuing Inability to Work (min 15 hours per week) in the next two years Program of Support (min 18 months) if not “severe impairment”

Time line Claim period: Date of claim +13 weeks Information outside this period can be of limited assistance Can lodge a new claim any time Lodging a new claim does not affect any appeal rights

Legal help can make a difference Key factor: Availability of comprehensive medical evidence & interpretation Reasonable treatment –looks at cost, availability and whether will lead to significant functional improvement

Realities of DSP Permanent =Fully Diagnosed, Treated and Stabilised (FDTS) Long term condition does not automatically mean FDTS Even if severe functional impact, if FDTS hurdle not met, can not allocate points! Issue : lengthy public system waiting

Concerns Back condition -conservative management sufficient? -need for cortisone injection? -option of surgery? -significant long term benefits?

Mental Health Need diagnosis confirmed by a psychiatrist/clinical psychologist Fluctuating/episodic conditions –ongoing fine tuning of medication = not FTS? Unrealistic expectations?

Concerns Issue : Unnecessary referrals to specialists to placate Centrelink and clogging up system? Quest for supportive medical evidence –undermining therapeutic relationships?

Work Capacity Even if long term recipients of DSP-review under new rules 2012 Inability to do any work= even light/sedentary work Can’t take into account limited work experience, education or local job market

Impairment Tables Allocation of impairment ratings – only if “permanent” /FDTS Looks at functional impact Nil/mild/moderate/severe/extreme according to descriptors (5, 10, 20 or 30 points) Holistic assessment? Whole of the person??

Key Messages DSP claims are difficult to be made out BUT detailed support materials often make a difference Clients have a right to review adverse decisions Can lodge new claims to re-test eligibility

Where can people get help? For free legal information over the phone Victoria Legal Aid: 1300 792 387 Monday to Friday 8:45 am to 5:15 pm Phone the Translating and interpreting service on 131 450 and ask to be put through to us. Use the National Relay Service to call us if you have a h have a hearing or speech impairment

VLA Resources Commonwealth Entitlements Team telephone advice: Legal Help 1300 792 387 appointments for priority clients www.legalaid.vic.gov.au find legal answers http://www.legalaid.vic.gov.au/find-legal-answers/centrelink/disability-support-pension

Other Resources Welfare Rights Unit Factsheets: www.welfarerights.org.au Social Security Rights Victoria: (03) 9481 0355 A Guide to Australian Government Payments

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