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Retirement Weekly compensation stopping for self employed after reaching age 65

#1 User is offline   Rickster 

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Posted 23 September 2018 - 01:03 AM

I am new to this forum and after reading some of the sad stories on here I feel in a way a little guilty as in some ways Acc have been quite good to me.
So why am I writing this you say?

Well I have certainly only received the same (or possibly less than some) as any other resident of NZ
After a MX accident some years ago i tried running my business again in conjunction with a son in law bit it didn't work

I put most of my lump sum into a much needed building
I struggled with constant chronic pain in every part of my disabled area (upper chest down)

Spent some years in a manual chair until excessive use caused massive infections in both shoulders, now have v bad arthritis.
Spent many many weeks in various hosp
Too frequent to mention
Tried every drug, ending in having Spinal cord cut, which didn't work)

During the 7 th year began experiencing severe mental issues, couldn't sleep, couldn't keep still, (bit hard to do when you can't walk!)

Eventually found it was due to still being on clonazepam after 7 years
Even thought of hanging myself
If I hadn't had a great,loving wife who knows

During the year I spent getting off this frightening drug I made some bad business decisions. Including trusting and believing an evil now ex son in law. To keep this from turning into an even longer story I agreed to things and signed things I didn't check properly and are now facing the loss of not only all my business it's property and my house.
From my weekly comp I am paying a loan for what was my business

In early stages I had also some insurance disability payouts and with this money I collected some older trucks I believed would be classics one day.

It's the sale of some of these that have funded a barrister and lawyer to fight the case

But now Acc says I Must retire from my business and I will be getting only a pension

So even though I believe my mistakes were made purely because of medication and pain issues acc blame my GP who has since retired and anyway always said he new nothing about specialist medication and Acc sent me to several high priced pain specialists
One who shall remain anonymous retired to Oz at a v early age and gave me advice so flawed it could have killed me
So to finish off I say I have lost my biz at this stage unless I can find the money to continue the fight and have asked acc to continue my weekly comp for a short period to help me while I channel any spare money to legal people
My answer to the request came back within 1/2 HR of my sending it
NO!

Now my other grizzle is this
Do any one else out there(self employed) who are on weekly compensation as a result of suffering a loss as a result of not being able to run their business?
I know if I could still walk I would be able to carry on for a while yet
The place still suffers a loss because of my accident
And it still pays levies

It doesn't seem fair.
OK there are some people out there a lot worse off than me but when you face being told to retire and thru no fault of mine face it with the pension only
People in my town I know behind my back think it's my own fault... Which it is but I dare anyone to go thru the mental issues which are far the worst even more than not walking

I have shouldered all the blame, just want weekly comp for a little while longer
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#2 User is offline   MINI 

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Posted 23 September 2018 - 10:40 AM

View PostRickster, on 23 September 2018 - 01:03 AM, said:

I am new to this forum and after reading some of the sad stories on here I feel in a way a little guilty as in some ways Acc have been quite good to me.
So why am I writing this you say?

Well I have certainly only received the same (or possibly less than some) as any other resident of NZ
After a MX accident some years ago i tried running my business again in conjunction with a son in law bit it didn't work

I put most of my lump sum into a much needed building
I struggled with constant chronic pain in every part of my disabled area (upper chest down)

Spent some years in a manual chair until excessive use caused massive infections in both shoulders, now have v bad arthritis.
Spent many many weeks in various hosp
Too frequent to mention
Tried every drug, ending in having Spinal cord cut, which didn't work)

During the 7 th year began experiencing severe mental issues, couldn't sleep, couldn't keep still, (bit hard to do when you can't walk!)

Eventually found it was due to still being on clonazepam after 7 years
Even thought of hanging myself
If I hadn't had a great,loving wife who knows

During the year I spent getting off this frightening drug I made some bad business decisions. Including trusting and believing an evil now ex son in law. To keep this from turning into an even longer story I agreed to things and signed things I didn't check properly and are now facing the loss of not only all my business it's property and my house.
From my weekly comp I am paying a loan for what was my business

In early stages I had also some insurance disability payouts and with this money I collected some older trucks I believed would be classics one day.

It's the sale of some of these that have funded a barrister and lawyer to fight the case

But now Acc says I Must retire from my business and I will be getting only a pension

So even though I believe my mistakes were made purely because of medication and pain issues acc blame my GP who has since retired and anyway always said he new nothing about specialist medication and Acc sent me to several high priced pain specialists
One who shall remain anonymous retired to Oz at a v early age and gave me advice so flawed it could have killed me
So to finish off I say I have lost my biz at this stage unless I can find the money to continue the fight and have asked acc to continue my weekly comp for a short period to help me while I channel any spare money to legal people
My answer to the request came back within 1/2 HR of my sending it
NO!

Now my other grizzle is this
Do any one else out there(self employed) who are on weekly compensation as a result of suffering a loss as a result of not being able to run their business?
I know if I could still walk I would be able to carry on for a while yet
The place still suffers a loss because of my accident
And it still pays levies

It doesn't seem fair.
OK there are some people out there a lot worse off than me but when you face being told to retire and thru no fault of mine face it with the pension only
People in my town I know behind my back think it's my own fault... Which it is but I dare anyone to go thru the mental issues which are far the worst even more than not walking

I have shouldered all the blame, just want weekly comp for a little while longer


I think you will find that if you are on pension. Acc cannot tell you what to do with your business, but then they are under no law to assist you run a non profit making business either.

You can do whatever you like on a pension but don't forget the taxes and ACC fees you will be obliged to pay out of your earnings. Because WINZ ask you to fill in your pension renewal each so often and if your income changes you certainly need to let them know.

Good Luck

Mini
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#3 User is offline   Alan Thomas 

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Posted 23 September 2018 - 12:09 PM

View PostRickster, on 23 September 2018 - 01:03 AM, said:

I am new to this forum and after reading some of the sad stories on here I feel in a way a little guilty as in some ways Acc have been quite good to me.
So why am I writing this you say?

Well I have certainly only received the same (or possibly less than some) as any other resident of NZ
After a MX accident some years ago i tried running my business again in conjunction with a son in law bit it didn't work

I put most of my lump sum into a much needed building
I struggled with constant chronic pain in every part of my disabled area (upper chest down)

Spent some years in a manual chair until excessive use caused massive infections in both shoulders, now have v bad arthritis.
Spent many many weeks in various hosp
Too frequent to mention
Tried every drug, ending in having Spinal cord cut, which didn't work)

During the 7 th year began experiencing severe mental issues, couldn't sleep, couldn't keep still, (bit hard to do when you can't walk!)

Eventually found it was due to still being on clonazepam after 7 years
Even thought of hanging myself
If I hadn't had a great,loving wife who knows

During the year I spent getting off this frightening drug I made some bad business decisions. Including trusting and believing an evil now ex son in law. To keep this from turning into an even longer story I agreed to things and signed things I didn't check properly and are now facing the loss of not only all my business it's property and my house.
From my weekly comp I am paying a loan for what was my business

In early stages I had also some insurance disability payouts and with this money I collected some older trucks I believed would be classics one day.

It's the sale of some of these that have funded a barrister and lawyer to fight the case

But now Acc says I Must retire from my business and I will be getting only a pension

So even though I believe my mistakes were made purely because of medication and pain issues acc blame my GP who has since retired and anyway always said he new nothing about specialist medication and Acc sent me to several high priced pain specialists
One who shall remain anonymous retired to Oz at a v early age and gave me advice so flawed it could have killed me
So to finish off I say I have lost my biz at this stage unless I can find the money to continue the fight and have asked acc to continue my weekly comp for a short period to help me while I channel any spare money to legal people
My answer to the request came back within 1/2 HR of my sending it
NO!

Now my other grizzle is this
Do any one else out there(self employed) who are on weekly compensation as a result of suffering a loss as a result of not being able to run their business?
I know if I could still walk I would be able to carry on for a while yet
The place still suffers a loss because of my accident
And it still pays levies

It doesn't seem fair.
OK there are some people out there a lot worse off than me but when you face being told to retire and thru no fault of mine face it with the pension only
People in my town I know behind my back think it's my own fault... Which it is but I dare anyone to go thru the mental issues which are far the worst even more than not walking

I have shouldered all the blame, just want weekly comp for a little while longer



Much of what you have said parallels with the facts of my own life with the exception that while I funded businesses and partners of those business robbed the businesses before setting up their own competing businesses the ACC determined that I was working not only cancelled my entire claim but prosecuted for fraud without any assessment of any sort to determine any actual fact of any type. Those who are stealing from the company were the ACC witnesses.

The primary issue of course is whether or not you have a capacity to perform the necessary tasks in order to generate earnings. What process did the ACC rely upon to determine that you had a capacity to earn and how was this calculated?


added to the problem is that many people like ourselves who have been involved in any way or form with any business after being injured have done so based on excessive optimism particularly in regard to those who carry out work task activities that we cannot, the level of competent capacity such as decision-making while on powerful pain medication with the result that ACC, business partners, employees and all around us were invariably take advantage of as. However what also must be considered is that drug induced optimism or lack of awareness is not something that the injured can actually measure properly. It is for this reason that the legislators saw fit that the ACC fulfil it's duty to fund an assessor for us before we embark upon any activities whatsoever during the rehabilitation process. Instead what is happening is that the ACC and others take advantage of our own failings without us even being aware that we have failed.

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#4 User is offline   Alan Thomas 

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Posted 24 September 2018 - 11:02 AM

View PostRickster, on 23 September 2018 - 01:03 AM, said:


...
But now Acc says I Must retire from my business and I will be getting only a pension
...


Now my other grizzle is this
Do any one else out there(self employed) who are on weekly compensation as a result of suffering a loss as a result of not being able to run their business?
I know if I could still walk I would be able to carry on for a while yet
The place still suffers a loss because of my accident
And it still pays levies

It doesn't seem fair.
OK there are some people out there a lot worse off than me but when you face being told to retire and thru no fault of mine face it with the pension only
People in my town I know behind my back think it's my own fault... Which it is but I dare anyone to go thru the mental issues which are far the worst even more than not walking

I have shouldered all the blame, just want weekly comp for a little while longer


On what basis would ACC have any kind of authority concerning your choice as to when to retire?
Another issue is raised, as you are approaching retirement age, as am I, I note that the retirement age is now creeping upward beyond 65 yet the ACC cut-off point for earnings compensation remains at 65. How is this anomaly being dealt with? Is the ACC legislation going to be changed? Or does the ACC retirement age override the retirement act? If ACC does not cover you for earnings compensation after you turn 65 but if you still keep on working up until the lawful retirement age do ACC still require you to pay levies? Interesting...


I had run my business most of my life until being injured and which time I merely invested in businesses I owned, remained as a director but took no active part concerning any earnings activities due to the limitations imposed upon me by my injuries.In other words I had no residual capacity to generate earnings by my own personal activities notwithstanding that the businesses I owned generated considerable wealth as a result of investment into those businesses. ACC however has taken a different point of view resulting in my being prosecuted for fraud and put in prison. The ACC have not identified any actual capacity to earn by my own efforts because they have not distinguish the difference between earnings from personal activities as opposed to income by way of investment persuading the courts that they are one and the same. However like yourself those involved with the company's responsible for the profitability of the company's embezzled funds, stole the customers, intellectual property and set up their own Is in opposition resulting in a total loss rendering any actual income for me down to the point of being zero. Hence I understand where you make reference to those around you being evil. I have noticed that large numbers of people in our position have fallen victim to those who have taken advantage of our injuries and incapacity, including the ACC.

I have now had surgery which is increased my capacity from 0 to at least some capacity resulting in my restarting my original work task activities however just the setting up of the business has occupied all of my capacity and available time, while having regard for my remaining incapacity, to the extent that I have not yet started earning although quite clearly working with that objective ultimately in mind. The problem of course is that because I am still incapacitated from my injuries I am still largely ineffective to the extent that I do not have a capacity to earn although I do have a capacity to work. Perhaps you could give me an opinion from your point of view in relation to your circumstances.

I noticed that people around me consider that my predicament is my own fault, like yourself, but we are only doing the best I possibly can and possibly even trying to do weigh more than we can actually do with us worse than our predicament. Have you been taken advantage of financially, who consider your injuries to be something that gives them an excuse for their dishonesty, by those around you?

The purpose of this site is to enable people like ourselves who suffer similar injuries to collaborate together for mutual technical understanding of the legislation so as to obtain proper outcomes together with social support.




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#5 User is offline   tommy 

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Posted 28 September 2018 - 11:44 PM

not easy , rikster , allan ,l but the fact remains , you still have a capacity to think , which gives one the ability to move forward :rolleyes:/>
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#6 User is offline   tommy 

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Posted 28 September 2018 - 11:53 PM

as of interest , as whom , as reached the super annuation , status , and is still in receipt of erc , workers compo l one has entitlements to social rehabn ,,,,,,,,,,,,,,,,,,,,
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#7 User is offline   tommy 

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Posted 29 September 2018 - 12:04 AM

View PostAlan Thomas, on 24 September 2018 - 11:02 AM, said:

On what basis would ACC have any kind of authority concerning your choice as to when to retire?
Another issue is raised, as you are approaching retirement age, as am I, I note that the retirement age is now creeping upward beyond 65 yet the ACC cut-off point for earnings compensation remains at 65. How is this anomaly being dealt with? Is the ACC legislation going to be changed? Or does the ACC retirement age override the retirement act? If ACC does not cover you for earnings compensation after you turn 65 but if you still keep on working up until the lawful retirement age do ACC still require you to pay levies? Interesting...


I had run my business most of my life until being injured and which time I merely invested in businesses I owned, remained as a director but took no active part concerning any earnings activities due to the limitations imposed upon me by my injuries.In other words I had no residual capacity to generate earnings by my own personal activities notwithstanding that the businesses I owned generated considerable wealth as a result of investment into those businesses. ACC however has taken a different point of view resulting in my being prosecuted for fraud and put in prison. The ACC have not identified any actual capacity to earn by my own efforts because they have not distinguish the difference between earnings from personal activities as opposed to income by way of investment persuading the courts that they are one and the same. However like yourself those involved with the company's responsible for the profitability of the company's embezzled funds, stole the customers, intellectual property and set up their own Is in opposition resulting in a total loss rendering any actual income for me down to the point of being zero. Hence I understand where you make reference to those around you being evil. I have noticed that large numbers of people in our position have fallen victim to those who have taken advantage of our injuries and incapacity, including the ACC.

I have now had surgery which is increased my capacity from 0 to at least some capacity resulting in my restarting my original work task activities however just the setting up of the business has occupied all of my capacity and available time, while having regard for my remaining incapacity, to the extent that I have not yet started earning although quite clearly working with that objective ultimately in mind. The problem of course is that because I am still incapacitated from my injuries I am still largely ineffective to the extent that I do not have a capacity to earn although I do have a capacity to work. Perhaps you could give me an opinion from your point of view in relation to your circumstances.

I noticed that people around me consider that my predicament is my own fault, like yourself, but we are only doing the best I possibly can and possibly even trying to do weigh more than we can actually do with us worse than our predicament. Have you been taken advantage of financially, who consider your injuries to be something that gives them an excuse for their dishonesty, by those around you?

The purpose of this site is to enable people like ourselves who suffer similar injuries to collaborate together for mutual technical understanding of the legislation so as to obtain proper outcomes together with social support.

any advancements , allan , as in your prehistoric cases being resolved, ie your entitlements being restored
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#8 User is offline   tommy 

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Posted 30 September 2018 - 09:41 PM

as of interest , the single super ann , amount is 400 odd dollars , and there are add ons , disability , entitlements ,. etc ,, one can then believe , they know as in in moneteries where a stable income is :D
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