Navigating the claims process: how to find the right advocate

Navigating bureaucracy while seeking compensation from either Commonwealth Superannuation Corporation (CSC) or the Department of Veterans Affairs (DVA) can be a complex, overwhelming task. This article follows a conversation I had with an experienced advocate, James (Jim) Wain, who guided me in my transition from the Australian Army in 2021. 

Jim has been an advocate for over 25 years and in 2017 was awarded a Medal of the Order for Australia (OAM) for his significant services to advocacy.

The need for good advocacy 

Having the assistance of a trained advocate can be very helpful as it is often a case of ‘you don’t know what you don’t know’. A lack of guidance can result in claims being submitted incorrectly, leading to administrative delays.  

Recent media stories have highlighted some advocates charging veterans inordinately large fees for their services, either upfront or as a percentage of the compensation the veteran is entitled to. Many trained advocates provide assistance at no cost, and fee arrangements can vary. This can mean the veteran receives less of their intended compensation, which is not an ideal outcome. 

This article aims to assist veterans in finding a suitable advocate and avoiding the above scenario. Knowledge is power and knowing where to look is a crucial first step - a reliable advocate can be a useful handrail when navigating this process. 

Taking the first step in finding the right advocate

• A useful first step is to head to the Department of Veterans Affairs (DVA) website (www.dva.gov.au) where you will find a plethora of information to help you find a qualified advocate.
• The Advocacy Training and Development Program (ATDP) also has an advocacy register, with information on accessing reputable advocates based on your location.
• You can register for an account through Mygov (my.gov.au). This allows you to link your profile to the DVA and a range of other government departments such as the Australian Tax Office (ATO).

What to look for in an advocate

A qualified advocate needs to have completed units of competency through the Advocacy Training and Development Program (ATDP). ATDP trained advocates are covered by professional indemnity insurance. Training Levels of AdvocatesThere are four levels of training for advocates. 

• Level 1: Provides primary claims under direct supervision. Training is delivered through the facilitated learning program and involves e-learning, facilitated learning, and assessment.
• Level 2: Qualifies the advocate to complete a primary claim without direct supervision.
• Level 3: Enables the advocate to represent clients at the Veterans' Review Board (VRB) or assist in seeking a reconsideration of a primary decision.
• Level 4: Qualifies the advocate to represent clients before the relevant review tribunal. 

Some claims are complex and may require a Level 3 or 4 advocate - when meeting with an advocate, feel free to enquire about their level of training. 

Taking control of your advocacy journey

• The importance of using an advocate

  My advocate, Jim Wain, now works largely in appeals. He says the majority of appeals he deals with are for cases that have been lodged by veterans without the assistance of an advocate. Whilst veterans can lodge their own claims, a trained and reputable advocate can provide valuable guidance through what is often a complex process, according to Jim.

• Do your own research

  Navigating the world of advocacy can be overwhelming. Take the time to do your research to ensure you’re getting the right advice. Your advocate will give you insights, however policies do change and it is worth keeping abreast of what is available. MyGov allows you to reach into DVA and track the progress of your claim/s in real time.

• Ask your mates and help your mates

  You may well have some friends who have lived experience of using advocates whilst dealing with organisations such as DVA and CSC. Jim says that speaking to your mates who have been through this is crucial, adding ‘if you cannot trust your mates, then who can you trust?’ If you have lived experience navigating the use of advocates, pay it forward by informing friends who may need assistance. This broadens the pool of knowledge in what can be a complex area. It also helps individuals avoid less reputable advocates.

• Know your entitlements and ask questions

  Your advocate will give you a lot of information, however it pays to do your own research. All members will have their own circumstances and some compensation categories include additional components, such as support for dependents. Understanding what may be available can help you ask informed questions of your advocate. I found some areas of compensation available to me that had changed over time, so it is worth doing your own research.

• Inform others based on your experiences

  Friends and colleagues may benefit from your experience. In my case, I worked with a highly experienced Level 4 advocate who provided assistance fee-free. He did all the work fee-free. My case was unusual and complex, and he was able to explain in plain terms the steps required in having my medical conditions recognised by the Department of Veterans Affairs.
  
  I learned a lot from this process and feel appropriately informed to help friends who are navigating the compensation and pension processes. I wanted to pay it forward and use this information for the betterment of those navigating what can be a very daunting system due to the intricacies of veteran compensation. This led me to write an article encapsulating what I have learned.
  
  By writing this piece, not only did it help others, it also made me realise how much I had learned as I navigated the journey myself. In hindsight, I also appreciate that I could have started the process much earlier. Everyone will eventually leave the ADF and it can be helpful to be as prepared as possible. The same applies to having any applicable injuries recognised. You may feel fine at 25, but when you are 65 your health needs may have changed.

• Take a holistic approach

  Jim firmly believes that partners should be involved, where appropriate. Many veterans don’t grasp how much their condition/s affect their family. Having a partner fulfill a statement describing the impact of the veterans’ condition/s on their partners and families can be a useful exercise. According to Jim, this can often be enlightening for the veteran who may not be aware of how much their issues are affecting their families. Advocates can provide this advice objectively as they have seen the revelations of veterans when they hear things firsthand from their partners.

• Reporting an advocate you feel is not genuine 

  DVA has created an email address where veterans and their families can report advocates who are acting in a potentially fraudulent or seriously inappropriate manner.
  This address is [email protected]

A final note

This article hopefully dispels a lot of myths and negative publicity about advocates. They are a valuable resource to assist veterans navigating a complex process, however not all advocates are created equally. The first step in this process is to find a reputable advocate that will be able to assist you, and will have your best interests at heart – you can then start focusing on the necessary processes to have your claims processed in a proper and timely manner.