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IMA assessment outcome - Advice Required Please

#1 User is offline   noosa 

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Posted 14 April 2016 - 08:38 PM

Hi, the IMA assessment that I have received has said I would be fine for work in a few months, but both my GP and OT disagree. What can you do about getting a second opinion or getting this assessment opinion changed?
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#2 User is offline   REX 

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Posted 15 April 2016 - 02:23 AM

View Postnoosa, on 14 April 2016 - 08:38 PM, said:

Hi, the IMA assessment that I have received has said I would be fine for work in a few months, but both my GP and OT disagree. What can you do about getting a second opinion or getting this assessment opinion changed?


You might want to wait for NTV, but you could be waiting a while
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#3 User is offline   greg 

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Posted 15 April 2016 - 08:50 AM

View Postnoosa, on 14 April 2016 - 08:38 PM, said:

Hi, the IMA assessment that I have received has said I would be fine for work in a few months, but both my GP and OT disagree. What can you do about getting a second opinion or getting this assessment opinion changed?

You will have 3 months to review so find someone to help you if not sure.
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#4 User is offline   noosa 

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Posted 15 April 2016 - 10:04 AM

View Postgreg, on 15 April 2016 - 08:50 AM, said:

You will have 3 months to review so find someone to help you if not sure.


Thank you - so is the report their determination then? I thought they would have to send a letter of determination instead - not just the IMA report.
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#5 User is offline   Alan Thomas 

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Posted 15 April 2016 - 10:35 AM

View Postnoosa, on 15 April 2016 - 10:04 AM, said:

Thank you - so is the report their determination then? I thought they would have to send a letter of determination instead - not just the IMA report.


Though the report is not an ACC determination or decision and therefore it is not reviewable.
At this stage the ACC has sought information for decision-making purpose toward a rehabilitation plan. It is an "initial" report only ffor the purposes of producing a rehabilitation plan which will be followed by another report to determine whether or not the plan was successful. Once the success of the plan has been determined the ACC will then make a decision which will be reviewable by way of review hearing.

At this stage you need to consider whether the initial medical assessment contradicts the treatment providers information gathered from clinical examination and suchlike. If there is a discrepancy between what your treatment providers are saying and even report to the ACC and the ACC initial medical assessment make an appointment with your doctor and ask them to produce a report clarifying how and why the ACC assessor got it wrong. Ask your doctor to provide the scientific analysis and conclusions that establishes the ACC assessor to be wrong. Obviously this assessment will have been a hand in hand with an initial occupational assessment and as such you should go to the various experts in relation to those occupations for a similar report to be produced first so that your doctor can clearly defined physical facts based on expert information as to why they are wrong. A doctor's time is worth about $200 per hour and the report may take a little longer to prepare. your alternative is to just wait and see what happens as it is pointless challenging the initial assessors without robust evidence, remember of course your evidence is unqualified. to assist your doctor with the report ffirst obtain a report from those who are qualified in the various occupations suggested by the initial occupational assessor, such as those who actually work in industries, as to the nature of the individual work task activities required to be carried out. This provides a benchmark from the medical assessment to work from.

First though ask your doctor if all your medical rehabilitation remedies have been exhausted and to include this in the report.
If your treatment provider has not exhausted the treatment remedies legislation does not permit the ACC to initiate a vocational rehabilitation program which means you should not have had a initial medical assessment at this stage. If this is the case armed with a note from your doctor to this effect right to the ACC telling them to adjust your case management program to reflect the legislation.
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#6 User is offline   noosa 

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Posted 15 April 2016 - 11:55 AM

Thanks for that - that makes more sense :)
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#7 User is online   MINI 

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Posted 15 April 2016 - 03:17 PM

View Postnoosa, on 14 April 2016 - 08:38 PM, said:

Hi, the IMA assessment that I have received has said I would be fine for work in a few months, but both my GP and OT disagree. What can you do about getting a second opinion or getting this assessment opinion changed?


Noosa

You have a second and third opinion. Your GP and OT both disagree. I hope it is in writing.

However, why don't you Review the actual decision and have the GP and OT's paperwork/report speak for themselves. The GP may have similar letters after his name or even higher that will mean more to anyone Reviewing and the OT will have the same if not more.

this is the same as the one that got into trouble with Battleaxe and Aurora on here isn't it. Ie the Judge was very angry about the outcome of one assessor against a number of others.

have a look into either and see what you can find out.

Mini
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#8 User is offline   David Butler 

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Posted 15 April 2016 - 03:22 PM

View PostMINI, on 15 April 2016 - 03:17 PM, said:

Noosa

You have a second and third opinion. Your GP and OT both disagree. I hope it is in writing.

However, why don't you Review the actual decision and have the GP and OT's paperwork/report speak for themselves. The GP may have similar letters after his name or even higher that will mean more to anyone Reviewing and the OT will have the same if not more.

this is the same as the one that got into trouble with Battleaxe and Aurora on here isn't it. Ie the Judge was very angry about the outcome of one assessor against a number of others.

have a look into either and see what you can find out.

Mini



Posted Image how amazing is that ?

David



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#9 User is online   MINI 

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Posted 15 April 2016 - 03:28 PM

View Postnoosa, on 15 April 2016 - 11:55 AM, said:

Thanks for that - that makes more sense :)/>


It actually doesn't make sence. Why should you be putting yourself at risk by trying to do something that you are not able to do according to you two of your medical experts.

Personally I would write to ACC saying why I do not believe this assessor is correct. You have two witness's that say it is not.

If they still want too carry on to more rigorous work than you can do they should be made aware that you are not happy about it.

It is actually against their own law to expect you to do something that experts have said you cannot do.

You need to make your thoughts known to ACC or get someone on here to give the sections of the Act that allow the ACC to have you working when you are not fit. The assessor said you would not be fit for another two weeks didn't he. Therefore how can he see in the future and see that you will be fit. It is an impossibility. Kearney is a good case to use as law that this guessing game is not factual.
Mini
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#10 User is offline   David Butler 

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Posted 15 April 2016 - 03:46 PM

View PostMINI, on 15 April 2016 - 03:28 PM, said:



Personally I would write to ACC saying why I do not believe this assessor is correct. You have two witness's that say it is not.




Mini


And more amazing information will be arriving from mini as to what acc will do when the claimant writes to them saying they dont believe the assessor


Now come on here mini-have you read the threads info properly

David
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#11 User is offline   noosa 

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Posted 16 April 2016 - 12:18 PM

View PostMINI, on 15 April 2016 - 03:28 PM, said:

It actually doesn't make sence. Why should you be putting yourself at risk by trying to do something that you are not able to do according to you two of your medical experts.

Personally I would write to ACC saying why I do not believe this assessor is correct. You have two witness's that say it is not.

If they still want too carry on to more rigorous work than you can do they should be made aware that you are not happy about it.

It is actually against their own law to expect you to do something that experts have said you cannot do.

You need to make your thoughts known to ACC or get someone on here to give the sections of the Act that allow the ACC to have you working when you are not fit. The assessor said you would not be fit for another two weeks didn't he. Therefore how can he see in the future and see that you will be fit. It is an impossibility. Kearney is a good case to use as law that this guessing game is not factual.
Mini


Thank you Mini - that is very informative. He said 8 weeks but my doctor is going to write to my case manager and my CM is aware they don't agree - so will see what happens in the meeting. It helps to have advice as it is a bit full on some of the Acts and knowing what your rights are. :)
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#12 User is offline   noosa 

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Posted 16 April 2016 - 12:20 PM

View Postnoosa, on 16 April 2016 - 12:18 PM, said:

Thank you Mini - that is very informative. He said 8 weeks but my doctor is going to write to my case manager and my CM is aware they don't agree - so will see what happens in the meeting. It helps to have advice as it is a bit full on some of the Acts and knowing what your rights are. :)/>



Also, is there a thread for the Battle-axe/Aurora cases on here?
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