Walter

In his early 40s Walter was diagnosed with epilepsy. He told the Royal Commission about the impact this had on his ability to work and his struggle to get financial support.

Walter owned a successful small business and employed a number of staff. Initially his seizures weren’t too bad and he continued to work.

Over time his seizures worsened and became more unpredictable. Eight years after his diagnosis Walter was in a car accident and as a result lost his licences – car, truck and motorbike.

Walter closed his business, moved interstate and found some subcontracting work. But he lost each job because he had seizures at work. Then at his last job, following a seizure, he attacked one of his workmates. He had no memory of the attack.

Doctors told him this was because of a ‘post-seizure secondary state of ultra-consciousness’ which can last 10 to 30 minutes.

‘I don’t know what I’m doing. I go crazy. I go running down the street and I abuse people and stuff like that and I don’t know I’ve done it until somebody’s told me I’ve done it,’ he said.

Walter could no longer work and applied to Centrelink for financial support.

He received a Jobseeker payment, then known as Newstart, and because he had a medical certificate he was exempted from looking for work.

But after nine months and three medical certificates Centrelink told Walter he had to have an employment services assessment.

During this process a Centrelink worker suggested Walter apply for a Disability Support Pension (DSP).

He lodged a detailed claim which included 10 years of medical reports and letters from his GP and treating specialist who was director of neurology at a major teaching hospital.

Centrelink refused to accept much of the paperwork and misinterpreted some of the notes. They did not contact Walter’s GP or specialist and relied on an internal medical assessment completed by a registered nurse.

Walter’s claim for the DSP was rejected.

‘I was rejected on the grounds my condition wasn’t fully diagnosed, treated and stabilised, although it had been going on for quite a number of years … To be honest I couldn’t understand it.’

Walter appealed the decision and after five months contacted Centrelink for an update. They told him his appeal hadn’t yet been referred to an authorised review officer.

‘I got a bit stroppy because it was taking so long.’

Then three days later he received an email upholding the decision to reject his claim for the DSP. Again no one contacted his GP or treating specialist. Walter was told he needed an impairment rating of 20 or more to qualify for the DSP. His rating was 10.

Confused about the impairment rating tables, he asked Centrelink for social work support or assistance. Centrelink told him a social worker couldn’t help him.

‘They basically got me to sit down with a worker at the desk and try and work through things. By the time I walked out of the office after speaking to one of them I didn’t really know what I was there for anymore … I just could not get any help.’

Walter appealed to the Administrative Appeals Tribunal (AAT).

During this time Walter was becoming increasingly frightened by his post-seizure behaviour and was seeing a psychologist and psychiatrist.

One time he chased a young woman down the road and only knew about it when the police visited his home.

‘I was quite embarrassed and quite apologetic to the person it happened to … I don’t know what happens – that’s what scares me the most … I don’t know what to do.’

Walter told the AAT he was scared to leave the house because of his post-seizure behaviour, he was unable to shower or bathe without someone being in his home and he was no longer able to use the stove. But because the specialist stated Walter might be able to work 15 hours a week, although it would be ‘burdensome due to the unpredictable occurrence of seizures and the inability to drive a motor vehicle’, his appeal was rejected.

Walter applied for a second review from the AAT but was again unsuccessful.

Still unable to work or drive, and with the frequency of his seizures increasing, Walter applied for the DSP again. His application was rejected again.

Walter appealed, and this time he was assessed by a doctor. The doctor supported the application and, nearly two and a half years after his initial application, Walter was finally approved.

Walter has a little bit more money each fortnight and is able to live more comfortably, but the ‘grief of all this stuff’ has left him depleted.

‘It was a nightmare,’ he said.