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Review Hearings Completed and Decisions Received

#1 User is offline   jhansard 

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  Posted 19 June 2011 - 10:57 AM

Just wanted to thank the folks here at ACCforum for the various pieces of information, documentation, and case law that I went through and used in Review Hearings by in May 2011.


I had a rather long afternoon in Rotorua last May at Review with four Review Applications being heard.

Two Applications regarding Individual Rehabilitation Plans (updating an existing, and providing one for a new injury respectively) and two Applications regarding Aids and Appliances (Replacement of and Vocational vs Social Rehabilitation respectively).

Review Applications on Individual Rehabilitation Plans resulted in Decision of Decline Jurisdiction and Decline - re. determination of administrative decision and insufficient proof of need based on medical evidence respectively.

Review Applications on Aids and Appliances resulted in ACC decision quashed with directions, and ACC decision modified.

So...

I will get the specialist cutlery replaced (my kingdom for a usable Fork!).

ACC has been directed to go back and issue a new decision with Review Rights on other requested Aids and Appliances under the Social Rehabilitation provisions of the 2001 Act and not the Vocational Rehabilitation provisions that were used to deny the Aids and Appliances.

And of course travel costs were awarded.


It's a small win, but it's a win nonetheless and I'm relatively satisfied with the outcome.

Having to take ACC to Review to get replacement cutlery (I can't use my hands properly) borders on the inane (and insane) - but that's the process I had to go through.


Thanks again for your help in getting me prepared and properly researched up for the Review Process.

Regards,

James Hansard
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#2 User is offline   Compassion 

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Posted 20 June 2011 - 10:55 AM

Thats great! How do you type if you can't use your hands properly??? Is there equipment to help with this like voice activated or has this not been invented yet?? If it is do you know how you get this? thanks. Do ACC fund this for people with damaged fingers? (I know someone struggling).
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#3 User is offline   jhansard 

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Posted 20 June 2011 - 12:51 PM

View PostCompassion, on 20 June 2011 - 10:55 AM, said:

Thats great! How do you type if you can't use your hands properly??? Is there equipment to help with this like voice activated or has this not been invented yet?? If it is do you know how you get this? thanks. Do ACC fund this for people with damaged fingers? (I know someone struggling).


I used to be a touch typist, part of my previous training when I worked for the Ministry of Justice many years ago.

I tend to 'mangle' the ergonomic keyboard that ACC supplied me, but I manage to type respectably with two thumbs and three fingers on each hand.

I have all fingers, just can't use them too well for a lot of things, and for extended periods of time.

An Assistive Technology Assessment can be carried out by a specialist in the area (not a general occupational therapist) who will examine your computer hardware and software, desk and chair and report back to ACC with recommendations.

TalkLink Trust from Auckland sent down an assessor to do an Assistive Technology report. I was trialled on different assistive devices including a trackball mouse and voice dictation/activation software. I ended up with an ergonomic keyboard and mouse.

From my recent Review Hearing ACC has been asked to reconsider Aids and Appliances under the Social Rehabilitation provisions and not the Vocational Rehabilitation provisions that were used to decline them in the first place.

There was also a fairly recent ACC case where it was argued that a computer (and Internet connection) was an indispensable part in maintaining some people's independence, communication, and socialization.

Aids and appliances for computers can be looked at in the same way you might need assistive technology to help you use a telephone, read written material, watch television, or even require alternative transportation.

You have nothing to lose by seeing your GP and requesting the Assessment based on the need for Aids and Appliances to help you use a computer.
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#4 User is offline   Compassion 

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Posted 20 June 2011 - 10:53 PM

Oh thank you soooooooo much for all that great information. I will pass on to my friend.

I totally aggree about the computer/internet connection for social, ie why we are all in here. I belong to other forums to and surprising how many of the people you chat with can end up little clues that they have a disability by the language they use, ie always sitting.

I think it would be great to encourage elderly people to go on the net to keep their brains active etc (ones that are a bit immobile) or in cold weather can still socialise. These custom computers could be really good for them!!

After my brain injury my computer became my brain and is such an extension of me now. I can see why was very important that people can keep using computers and your case probably has got this out there, so thanks :rolleyes:
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#5 User is offline   jhansard 

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Posted 21 June 2011 - 02:57 PM

You're most welcome and all the best. If you can't use a mouse and keyboard (or can't manipulate a touch screen) then the computer becomes useless - no ability to operate one.

I rely on my computer for a variety of tasks - banking, paying bills, shopping, communication and correspondence (I have severe hearing loss), socialization, education and entertainment.

Be aware that if ACC believes that the computer in question is primarily being used to support or obtain employment, they will try to classify it under Vocational Rehabilitation.

This happened to me, but the argument was dismissed. I'm a non-earner, on an Invalid's Benefit, and the Reviewer directed that a new decision be issued after examining requests for Aids and Appliances under Social Rehabilitation provisions of the 2001 Act.
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#6 User is offline   not their victim 

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Posted 21 June 2011 - 11:50 PM

brilliant outcome for you James

the hard work, frustration, was almost worth it, but the fact you had to battle and go through review to get this sux

however, any assistance is a bonus and a blessing.

well done...

thinking of you, and your amazing talent...your art work!

when everything is so negative with acc, i get creative too...i have made, 2 dresses, and a wee sleevelss padded jacket...keeps me busy, and i see the lovely outcome, get nice comments on my "self designed clothes" and that makes my day worthwhile.

love peace and blessings
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#7 User is offline   jhansard 

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Posted 13 July 2011 - 11:29 AM

Just a quick update...

As per review decision findings.

Undertook a Single Discipline Assessment: Occupational Therapy in June. Conducted by Focus on Potential, and with the directions to assess for Social Rehabilitation need and not under Vocational Rehabilitation criteria.

Recommendation made to ACC and and accepted for a Monitor Raiser and specialist Office Chair. Delivered and setup today by Focus on Potential.

So a happy ending in this instance.

Regards,

James.
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