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Is there a form or specific process getting an ACC assessors actual notes

#1 User is offline   Tish 

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Posted 26 August 2017 - 09:29 PM

I am attempting to flesh out what notes really lie behind a report generated by a psychologist for ACC directed diagnostic purposes.

Does a claimant have the right to access a non-medical practitioner's notes like they would a DHB-provided practitioner (medically registered or not)?

How do you request such things other than by directly to the practitioner who will likely tell you to bugger off?

Is there a legislated Act that provides such access? Government department?

I'm prepping for a District Court Appeal and would like to see what notes recorded on the day weren't included in the final report, especially the form the various tests took and actual test scoring, the time it all took and which selected test subsets were used and reported on, which were only referred to as a written opinion but not supplied.

Any help appreciated.
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#2 User is offline   greg 

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Posted 26 August 2017 - 10:35 PM

View PostTish, on 26 August 2017 - 09:29 PM, said:

I am attempting to flesh out what notes really lie behind a report generated by a psychologist for ACC directed diagnostic purposes.

Does a claimant have the right to access a non-medical practitioner's notes like they would a DHB-provided practitioner (medically registered or not)?

How do you request such things other than by directly to the practitioner who will likely tell you to bugger off?

Is there a legislated Act that provides such access? Government department?

I'm prepping for a District Court Appeal and would like to see what notes recorded on the day weren't included in the final report, especially the form the various tests took and actual test scoring, the time it all took and which selected test subsets were used and reported on, which were only referred to as a written opinion but not supplied.

Any help appreciated.


Seriously , if you are already at District Appeal level , you have lost your review/s. You need some competent legal advice?.

Where you find that ??.
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#3 User is offline   Tish 

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Posted 27 August 2017 - 12:42 AM

View Postgreg, on 26 August 2017 - 10:35 PM, said:

Seriously , if you are already at District Appeal level , you have lost your review/s. You need some competent legal advice?.

Where you find that ??.


I don't know but when you have no money to pay a barrister to fight for you, you ask every place that might hopefully have useful information. Our advocate screwed us at Review, this is the last chance to get a positive outcome and you don't get anything if you don't try.
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#4 User is offline   Lupine 

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Posted 27 August 2017 - 07:43 AM

View PostTish, on 26 August 2017 - 09:29 PM, said:

I am attempting to flesh out what notes really lie behind a report generated by a psychologist for ACC directed diagnostic purposes.

Does a claimant have the right to access a non-medical practitioner's notes like they would a DHB-provided practitioner (medically registered or not)?

How do you request such things other than by directly to the practitioner who will likely tell you to bugger off?

Is there a legislated Act that provides such access? Government department?

I'm prepping for a District Court Appeal and would like to see what notes recorded on the day weren't included in the final report, especially the form the various tests took and actual test scoring, the time it all took and which selected test subsets were used and reported on, which were only referred to as a written opinion but not supplied.

Any help appreciated.


Any notes that ACC have relied upon should be in the file.

If you think there is something missing then request it under Principle Six of the Privacy Act.
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#5 User is offline   Tish 

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Posted 27 August 2017 - 11:35 AM

View PostLupine, on 27 August 2017 - 07:43 AM, said:

Any notes that ACC have relied upon should be in the file.

If you think there is something missing then request it under Principle Six of the Privacy Act.


Excellent, thank you. Planning on rattling the cage of a practitioner this forum is well acquainted with. Any information that can assist this will be useful. I'd explain more but there are potentially too many eyes watching at this point in time and I am sure members will understand that until the case has had its day in Court, not much can be said. All assistance, though, is welcome and received with thanks :-)
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#6 User is offline   greg 

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Posted 27 August 2017 - 02:29 PM

View PostTish, on 27 August 2017 - 11:35 AM, said:

Excellent, thank you. Planning on rattling the cage of a practitioner this forum is well acquainted with. Any information that can assist this will be useful. I'd explain more but there are potentially too many eyes watching at this point in time and I am sure members will understand that until the case has had its day in Court, not much can be said. All assistance, though, is welcome and received with thanks :-)


Surely you have a full copy of your file notes .?

You should use the court cases offered to find any similar injuries or wordings as used
by either the ACC or the reviewer or your own Advocate .?

This may be a starting point; http://accfocus.org/...judgements.html

or http://www.nzlii.org/nz/cases/NZACC/
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#7 User is offline   Tish 

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Posted 27 August 2017 - 02:45 PM

View Postgreg, on 27 August 2017 - 02:29 PM, said:

Surely you have a full copy of your file notes .?

You should use the court cases offered to find any similar injuries or wordings as used
by either the ACC or the reviewer or your own Advocate .?

This may be a starting point; http://accfocus.org/...judgements.html

or http://www.nzlii.org/nz/cases/NZACC/


Oh yes, we have the full ACC file (as far as I am aware) and copies of all the reports but when a report used as evidence to decline, and then submitted at Review gives an incomplete list of the testing used, the subsets selected and no actual scoring outcomes from those tests and only offers an "opinion" on the subject's condition, I want to know what the actual tests were, what the scores were and how the testing was performed, as the form it took would directly affect ability to output a valid result. Others were able to manage a relevant report but not this one and this one is one of the bigger shit kickers.

Even a refusal to supply data will give the Judge an indication of the potential for meaningful information to have been witheld from the process.

There are further serious issues with this flunky's activities, but they will keep for the HDC complaint after the Appeal is dealt with. I have plenty of time and I'll likely be still pissed off enough to make the effort there, to.

Cheers
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#8 User is offline   greg 

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Posted 27 August 2017 - 03:06 PM

View PostTish, on 27 August 2017 - 02:45 PM, said:

Oh yes, we have the full ACC file (as far as I am aware) and copies of all the reports but when a report used as evidence to decline, and then submitted at Review gives an incomplete list of the testing used, the subsets selected and no actual scoring outcomes from those tests and only offers an "opinion" on the subject's condition, I want to know what the actual tests were, what the scores were and how the testing was performed, as the form it took would directly affect ability to output a valid result. Others were able to manage a relevant report but not this one and this one is one of the bigger shit kickers.

Even a refusal to supply data will give the Judge an indication of the potential for meaningful information to have been witheld from the process.

There are further serious issues with this flunky's activities, but they will keep for the HDC complaint after the Appeal is dealt with. I have plenty of time and I'll likely be still pissed off enough to make the effort there, to.

Cheers


Simple , are your prepared to front up with some $1200+ funds to get your own report to challenge ACC's report from
a superior qualified Specialist if one exists ?.
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#9 User is offline   greg 

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Posted 27 August 2017 - 03:13 PM

This is from ;Official Information request-IT Sweep the secret emails in your file within this thread.

Posted 22 October 2011 - 11:03 AM
Your name
Your addy
Your phone number
Your acc number



Request for Information – Official Information and Privacy Acts
PART A

• Request for Updated ‘IT’ Sweep.

1. Under the provisions of the Official Information and Privacy Acts, I request that ACC undertake and complete an 'IT' Sweep of all communications between ACC and all parties whether internal or external, that ACC stores on all of my claims, or names, injury related, non-injury related or otherwise.

a) To reiterate, this request is irrespective of the type of injury, or non-injury or otherwise, whether the communication is injury related, non-injury related or otherwise, or the type/nature of the communication.

B) Please ensure that the ‘IT’ Sweep is conducted and completed with every possible variation/s of my name and the names that I have previously been known by, which ACC is aware of and is documented on my claim files.

c) There are no formal previous requests for an ‘IT’ Sweep. There have been other requests under the Privacy Act and Official information act for Claim File Download

d) Through this further and new request made today, please provide any additional information that was not included in my previous requests. I would ask that any additional information not previously supplied to me, be in the same manner as outlined in this letter – without exception.

2. In requesting that an 'IT' Sweep be completed, I specifically require the following information also be provided to me through the 'IT' Sweep:-
3.
e) That the 'IT' Sweep be undertaken and completed for the period from approximately ????? insert date here and as above, to a date that is within the time frame for ACC to action requests for information under the IOA and Privacy Acts. I would estimate that this ‘IT’ Sweep request be conducted/completed up to, or approximate to, the date of ???? insert date here

f) Please confirm with me the formal ‘end date’ of this ‘IT’ Sweep request as soon as possible and prior to completion/delivery to me.






4. In addition, I also request that ACC undertakes and completes the 'IT' Sweep (as above), whether internal or external (as above) that ACC stores in the following areas also:-

i. All physical claims.
ii. ACC Complaints Office.
iii. Office of the ACC Complaints Investigation Unit and ACC Complaints Line/Office/Call Centre.
iv. ACC Head Office, Office of the ACC CEO, ACC Corporate Services, ACC Clinical Directorate, and any other such section/unit/branch of ACC as identified in the opening paragraph of this letter.
v. ACC Debt Management Unit.
vi. ACC Intelligence and Support Services.
vii. ACC Contracted Third Party Providers/Assessors and Treatment Providers.
viii. Non-ACC (Contracted) Providers/Assessors and Treatment Providers.
ix. Sensitive Claim requests-whatever your issue is

g) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful reason that this has been done, and;

PART B

• ACC Employee and External Access to Claimant files, information etc.

5. In addition to PART A above, under the provisions of the Official Information and Privacy Acts, I request that ACC also provides me with full details of the following from march 2002 up to an inclusive of this request being completed – estimated to be approximate to the date of ???? insert date here

h) Information as to who has specifically accessed my file/s for any reason/s, injury related, non-injury related or otherwise. Name, date and title details required of each person who has accessed my files, whether this be (ACC) internally or externally.

i) Please specify exactly for what purpose inclusive of any legislative requirements, any aspect of any part of my claim files (ACC) internally or externally – injury related, or non-injury related or otherwise, has been accessed. Names, date and title details required of each person who has accessed any aspect of my files, with the purpose/s being specified precisely for each and every occasion that this has occurred and why this has occurred.

j) Please provide information, reasons, and purposes as specified, detailed, outlined and in the same manner as discussed in PART A, No.3 (i–x) of this letter and PART B.




k) Please provide me with information, and copies of, the authority that exists or existed for any aspect of any part of my claim files, injury related, or non-injury related or otherwise, that were forwarded onto any other persons – (ACC) internally or externally, for what reason/s, purpose and under which legislative edict or otherwise, this was done. Names, date/s and title details required also.

l) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful and legal reason that this has been done, and why.

Please advise me by Email only when all information/documentation is available to me, at which time I will provide ACC with a physical address to courier the documents to me.

Please take this letter by Email/Attachment – PDF file, forwarded to you as the Case Manager of ACC, dated ????? as my formal written request to receive this information under the provisions of the Official Information and Privacy Acts.

If you wish to clarify any matters with me, please contact me by Email only and finally, I request that you acknowledge by return Email also, receipt of my formal written requests as outlined in this letter to you.


Thank you.


Your name here…………
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Some have been pleased with the wording and the results.?
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#10 User is offline   Tish 

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Posted 27 August 2017 - 05:02 PM

Thanks, I have copied that and will have a better read later and see how we can use it to advantage. Really want the psychologist's own notes and they aren't necessarily with ACC.

Best specialist already consulted, with a good report, just not one ACC like to accept recommendations from. Next best now has a conflict of interest if we approached him. That's ok, not sure how we could have got to him, physically or financially even if he was still available. Cheers.
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#11 User is offline   greg 

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Posted 27 August 2017 - 05:20 PM

View PostTish, on 27 August 2017 - 05:02 PM, said:

Thanks, I have copied that and will have a better read later and see how we can use it to advantage. Really want the psychologist's own notes and they aren't necessarily with ACC.

Best specialist already consulted, with a good report, just not one ACC like to accept recommendations from. Next best now has a conflict of interest if we approached him. That's ok, not sure how we could have got to him, physically or financially even if he was still available. Cheers.

Unless you are willing to keep out spending ACC for a better reports , obviously your report was from a Specialist
ACC , knew they could easily win..

"Simple , are your prepared to front up with some $1200+ funds to get your own report to challenge ACC's report from
a superior qualified Specialist if one exists ?."
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#12 User is offline   Tish 

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Posted 27 August 2017 - 05:28 PM

View Postgreg, on 27 August 2017 - 05:20 PM, said:

Unless you are willing to keep out spending ACC for a better reports , obviously your report was from a Specialist
ACC , knew they could easily win..

"Simple , are your prepared to front up with some $1200+ funds to get your own report to challenge ACC's report from
a superior qualified Specialist if one exists ?."



It would be a bloody cheap specialist at only $1200. Already explained that we have consulted with the best, next best is now out of reach, most (if not all) are physically and all are financially out of reach. No money means no money, pretty simple really. Original question has been answered with regard to seeking specific documentation, will use the help given to do what we can. Thanks.
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#13 User is offline   doppelganger 

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Posted 27 August 2017 - 08:44 PM

The Documentation to and from ACC specialist is part of your report and belong to you .

Did ACC specialist find any error in your reports from your treating provider. Get them under the privacy Act.
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#14 User is offline   MINI 

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Posted 29 August 2017 - 11:07 AM

View PostTish, on 27 August 2017 - 11:35 AM, said:

Excellent, thank you. Planning on rattling the cage of a practitioner this forum is well acquainted with. Any information that can assist this will be useful. I'd explain more but there are potentially too many eyes watching at this point in time and I am sure members will understand that until the case has had its day in Court, not much can be said. All assistance, though, is welcome and received with thanks :-)


Trish

Recently I had a nerve Conductive Study done and all these squiggles and a few words came to me and there was a writing on the letter that any more information was sort, to get in touch with them. So it seems your first port of call should be the person who conducted the studies.

Good luck

mini
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#15 User is offline   Tish 

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Posted 29 August 2017 - 02:58 PM

View PostMINI, on 29 August 2017 - 11:07 AM, said:

Trish

Recently I had a nerve Conductive Study done and all these squiggles and a few words came to me and there was a writing on the letter that any more information was sort, to get in touch with them. So it seems your first port of call should be the person who conducted the studies.

Good luck

mini



Thanks everyone, I have some ideas now, a couple of letters drafted for specific requests and a pretty clear plan now on how far I want to take this and what I need to both receive from relevant sources, and present to the Judge.

As I don't want to comment much from here until the case has been heard, I will leave this for mow but I'll be back eventually with the outcome. I hope it will be the right one!
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