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Medical appeal questions

Medical appeal questions

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Old Apr 13th 2017, 5:19 pm
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Default Medical appeal questions

Hi, and thanking all in advance. I recently applied for a Visitor's Visa. I was up-front of my diagnosis of PTSD. Because of this I was sent for a Full Exam by a Panel Doctor. They then required me to have a Full Psych Eval, which I did, and passed all with flying colors. However, they have denied me, stating that I am a "high-probability" of future need of "hospitalization, medication and support", even though I have NEVER needed any of these things related to the PTSD. I am appealing. I understand that they consider if I would tax their healthcare above a ?$41,000? amount. I have had the PTSD since I was 8 years old and I have not cost OUR system anything close to that in 43 years. I am appalled that I would be denied for an issue that millions upon millions of individuals suffer with.
I guess my question would be this....what is the Appeal process? They have given me 2 weeks to reply with a second opinion, which I am doing (a 2nd and a 3rd). If they deny me again, will I have recourse to continue appeal? To be denied, because of a disorder that does NOT hinder my life significantly, has upset me. At what time would it be advisable to retain an Immigration Attorney.....before I appeal this first denial, or if they deny me again?? In the United States, I do have a PTSD support animal, but she is not recognized as support in NZ, due to training issues, and I knew this going in. For me, it is not a major hindrance.
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Old Apr 13th 2017, 5:20 pm
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Default Re: Medical appeal questions

Oh, this is NZ Immigration...by the way
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Old Apr 14th 2017, 12:25 am
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Default Re: Medical appeal questions

Hi there.

Bit confused my end.
You state you applied for a visitors - tourist? - visa ? Why have you been asked to have a medical? Your condition is not one of those listed as needing a medical for a visitor visa.

ou'll need to provide a medical certificate (form number INZ 1007) if you'll be in NZ longer than 6 months but less than a year and you’ve ever:

had a blood or plasma transfusion
been exposed to an infectious disease like HIV or Hepatitis B or C
used intravenous drugs.

You'll need to provide a chest x-ray certificate (form number INZ 1096) if you're from, or have spent more than 3 months in, any country not on the list of countries with low incidence of tuberculosis.
If you are a U.S. citizen, you are eligible for a visa waiver and do not need a visa for tourist stays of three months or less. You must have a passport that is valid for at least three months beyond your planned departure from New Zealand
How long can a US citizen stay in New Zealand?
A general visitor visa (tourist visa) will normally allow you to stay in NZ for 3 months. You can apply for up to 9 months in an 18 month period, but more than 3 months will only be granted in special cases. If you want to stay in NZ longer than your tourist visa allows, you can apply for an extension.
Did you mean visitor visa?

Have you considered hiring an immigration lawyer. Mostly we can all do our applications ourselves but in this case I feel you need someone to represent your case in the best light possible .

I suggest Lane Neave.
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Old Apr 14th 2017, 12:45 am
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Default Re: Medical appeal questions

yeh also confused
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Old Apr 14th 2017, 1:09 am
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Default Re: Medical appeal questions

Yes, I did mean Visitor's Visa. The problem arose because I am unlearned and a complete buffoon. When I applied, I applied for the 9 months, as I am retired and wish to possibly extend my stay. At one part of the application I stated that I retired early due to a 'minor stress-induced coronary event" with no damage to the heart, but after that, I rethought my life and decided to retire early to see the world, etc. It also went to show my monthly income is stable. That is when my Immigration Officer (who is in Singapore) flagged it and sent it to the Medical. I was trying to be really up-front, etc.... If I could only have a do-over....lol.
And, thank you.....I did not know if NOW was the time to hire an attorney, or to wait and see if they accepted an additional physicians 2nd opinion.
Which poses another question. Can I still travel under the three months if they deny an extended visa?
Lane Neave was who I was looking at. I will contact them.
Thanks so much. My PTSD has never taken much from my life. I have owned my own company, and had a stellar, professional career. I am confounded and furious with myself for offering info.....
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Old Apr 14th 2017, 1:09 am
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Default Re: Medical appeal questions

Visitor's Tourist Visa
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Old Apr 14th 2017, 2:38 am
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Default Re: Medical appeal questions

Awkward. The medical assessor likely decided that you might enter NZ as a tourist but that you may not be able to leave because of your condition. That you were very likely to have an issue/episode/ill health during your months here in NZ which would cause an overstay.

Can I still travel under the three months if they deny an extended visa?
You could try to fly under the radar but you are already in their sights & on their records.

If you are set on visiting NZ for an extended period of time & given that a medical assessor has already refused the visa, then IMO the best way forward is to engage a lawyer who can help you present the best possible case for a medical waiver. They also add more weight that your case should be re-considered.

As I'm sure you know, it isn't just about what travel/health care insurance you might have in place for your overseas travel. It is about showing that you will not in any way be ill whilst you are in NZ & that it is extremely unlikely that you would need medical care whilst on your hols to the degree that you would be unable to leave NZ at the end of your visa.
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Old Apr 14th 2017, 3:03 am
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Default Re: Medical appeal questions

Thank you so much for your answer. Yes, it was disheartening, as through medical records and my evals is showed I have never been hospitalized, or even required supports for this issue.
My PCP is writing a letter to this effect, and I am getting a second eval with a psych.
I was hoping to submit the appeal, and then if they denied again to get an attorney. But i do not understand the appeal process, and it seems that if they deny my appeal, then that's the end of it. So I suppose an attorney should help with my submitting the appeal. They gave me two weeks to respond, so I will be calling the attorney on Monday.
Thanks for all the help.
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Old Apr 14th 2017, 3:59 am
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Default Re: Medical appeal questions

Originally Posted by Flabergasted
So I suppose an attorney should help with my submitting the appeal. .
In my opinion yes.

I am uncertain if there is recourse after an appeal is refused. There is a residence tribunal but it does not apply to visitors visas.

Better to ensure the appeal is successful .

FWIW . I think this refusal is overkill & that Lane Neave will sort it out. From what you have written there is nothing whatsoever to suggest that you will be in any way incapacitated during your visit enough to cost the NZ health service a sizeable chunk of money either during or after your visitor visa expires. Let them make the case that the MA is over cautious and has applied policy incorrectly in the face of expert consultant reports.

Last edited by BEVS; Apr 14th 2017 at 4:06 am.
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Old Apr 14th 2017, 4:11 am
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Default Re: Medical appeal questions

Originally Posted by Flabergasted
Yes, I did mean Visitor's Visa. The problem arose because I am unlearned and a complete buffoon. When I applied, I applied for the 9 months, as I am retired and wish to possibly extend my stay. At one part of the application I stated that I retired early due to a 'minor stress-induced coronary event" with no damage to the heart, but after that, I rethought my life and decided to retire early to see the world, etc. It also went to show my monthly income is stable. That is when my Immigration Officer (who is in Singapore) flagged it and sent it to the Medical. I was trying to be really up-front, etc.... If I could only have a do-over....lol.
And, thank you.....I did not know if NOW was the time to hire an attorney, or to wait and see if they accepted an additional physicians 2nd opinion.
Which poses another question. Can I still travel under the three months if they deny an extended visa?
Lane Neave was who I was looking at. I will contact them.
Thanks so much. My PTSD has never taken much from my life. I have owned my own company, and had a stellar, professional career. I am confounded and furious with myself for offering info.....
Did your refusal letter state the PTSD specifically or was it a generic health refusal? I ask because I see the coronary event as what they'll be looking at.
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Old Apr 14th 2017, 10:45 am
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Default Re: Medical appeal questions

Originally Posted by Dorothy
Did your refusal letter state the PTSD specifically or was it a generic health refusal? I ask because I see the coronary event as what they'll be looking at.
Could have a good point there, especially as the OP says he passed the psych evaluation, but when they refused him they mentioned "hospitalization, medication and support" - that sounds like the "coronary event" might be the culprit, not the PTSD.
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Old Apr 14th 2017, 7:30 pm
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Default Re: Medical appeal questions

Is the OP eligible for travel insurance with medical cover when he goes overseas?

With his conditions I would think he definitely needs it, but can he get it?
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Old Apr 14th 2017, 10:23 pm
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Default Re: Medical appeal questions

I would hope that it's the coronary incident that triggered a refusal, and not a diagnosis of PTSD. I have the latter after being subjected to violence over decades, and like the OP it's never held me back either, or caused expense or problems for anyone but myself.

Oh ok, scouse may occasionally get woken with a start by the odd scream or sobbing in the middle of the night, but he always goes back to sleep Me, I don't even know I'm doing it and stay sound asleep.

My very best wishes to Flabergasted for the future, I hope it's a bright and happy one.
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