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Acc Decision Quashed

#1 User is offline   Gemini 

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Posted 10 December 2003 - 02:05 PM

Here's how I won a review and what it should mean to those of you with caregivers.

Introduction

I am a C 4 / 5 Tetraplegic who has been in a wheelchair for 17 years and battling ACC since I woke up with a broken neck. What some people don’t realize is that Tetraplegic can manage there own staff (nurses), when 24 hour care is assessed or you finally are awarded 24 hour care, you have a choice of employing your own caregivers, normally found out of the paper through advertisements or getting hold of an agency (if there’s one in your area). Agencies I have used at the start were hopeless so I prefer to employ my own staff. In the end it is a choice of being in control of your own life or handing over your life for someone else to control. ACC will pay the money into your account weekly for you to divide between your caregivers. Watch out you must subtract tax, holiday pay, statuary holiday pay, sick leave, expenses (phone, bank fees, power, stationary the list goes on.).

My Argument

I contacted ACC in April 2003 asking them for a pay rise for my caregivers, no rises had been given in five years. ACC were paying $14 hr Attendant care $12 hr home help $10 hr sleep over (I had to subtract the above which is about 30% of the hourly rate). They refused giving the line that’s what everybody gets (a lie) it also took them four months to make that up. I found out agencies are getting 40% more but they came up with lies saying it was policy not to pay so called uncontracted agencies (clients) the same as nursing agencies. There is no difference between what I was doing for myself and what agencies could do for me so why pay different rates? I filed a complaint about how long it was taking and bullying conversations ACC were giving me, there own complaint dept found 4 of my rights were broken on three separate times (check my previous posts). Nothing was given but an apology. I filed a review, I had 100+ pages of research and arguments ACC had their flimsy two pages, it came out at the review that it was not legislation but a so called made up policy (I still don’t believe it was policy).

The review decision

ACC decision QUASHED

I am to be paid the same rate as agencies

Issues I still have with this decision and ACC

Back pay – they are trying to rip me off by only paying me back to the decision which was given four months late after they got it wrong for 17 years. I’ll let the lawyers deal with this one, do the math I’m after a big amount.

Agency rate – I asked for John Jury’s rate but they sited privacy laws not to tell me how much his caregivers are paid. I have gone to the Ombudsman, he rang the other day saying he talked to someone at ACC and they do negotiate different rates under certain circumstances, look who’s lied right through a review. I have asked for a copy of these circumstances I do believe ACC has just lied to the Ombudsman, this should be interesting.

Healthwise New Zealand is also using my research to do a review of all rates for everyone, not even a thank you.

Conclusion

If you are eligible for 24-hour care and you are not getting at least $18.05 hr Attendant care $15.60 hr Home help email me with your phone number and I’ll talk you through your options. This is only a simple rundown of my case my argument goes deep.

Epilogue

Don’t get mad at your case manager they are puppets just doing what they are told, they are bottom feeders anyway, go higher get the chain of command right up to Garry Wilson and Ruth Dyson, get all answers in writing then take them to court and use the Ombudsman it’s all free.
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Posted 04 April 2004 - 12:34 AM

Hello Gemini

Congratulations for getting as far as you have with the ACC. You have posted some very important information (as have many other people). I feel that your case would be interesting to the media eg The Sunday-Star Times. The information on 24-hour payment arrangements would probably be a surprise to many people and thus help them with their case.

Does anyone know what the payment rates are for home help, attendant care etc if it is not related to a 24-hour care situation?
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#3 User is offline   broken 

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Posted 12 April 2004 - 12:23 AM

Hi All. I have spoken to a few people (parents) who are in the position of having to employ caregivers for 24 hour care.

One of their most important issues is that when their IP (injured person) goes into hospital to give them a break the major organiser/parent does not receive any payments from ACC. This appears fair but then the have to go into the hospital to support the IP as the hospitals are so short staffed.

The caregivers meanwhile get no income at all while this is going in hence some of these specialy trained people move on to a more settled income job.

This then leaves the major caregiver to advertise for and train new people if they can find any. This only adds to their stress and problems.

Has anyone had any experience of this and what was done to overcome it.
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#4 User is offline   accvictim 

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Posted 08 July 2004 - 05:17 PM

You know what really gets up my nostrils!!?,
The fact that ACC are so negligent and non-accountable, and by the time a person has been dragged through the mud for years and years left penniless,broken and very disturbed, the person is unable to sue the blighters as they have no money left, its only a privilege for the wealthy and certainly a win win situation for damned ACC!.

If anyone knows of a charitable lawyer please let me know ASAP, I need help.

Attached File(s)


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#5 User is offline   mimi 

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Posted 17 October 2011 - 06:33 PM

The Corporation’s declining claims is because New Zealand is a guinepig country, the only country on earth where Torts Law is replaced by business called Accident Compensation Corporation. This national Corporation is an ideal business that lives on mandatory tax payer’s funds. As a business the corporation’s duty therefore is to protect grossly reckless doctors and award butchery. NZ doctor’s are fully aware of this fact and they are even told of this fact by the representative from the HDC office that they both ACC and HDC protect reckless doctors. I have attended a lecturing in which HDC representative said that they protect doctors NOT the people of NZ and was giving examples what they say when declining claim.

Weak up NZ.
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#6 User is offline   waitakerej 

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Posted 31 August 2014 - 06:21 PM

I have been trying to negotiate with acc for the past 8 years and 6 months ago they offered this

Good morning xxxxx

I just wanted to update you on where things are at.



Your request to manage your own cares has been accepted.

The Higher Rates to be applied (all GST exclusive) are:

L1 care= $21.80; L2/complex care= $25.07; Sleepover rate= $129.23; Homehelp= $19.24.

For you this would mean ACC would pay

164.5 hours a week at $21.80 (+GST)

3.5 hours a week at $25.07 (+GST)

ACC will also pay you 3 hours a week at $21.80 + GST to coordinate all your cares

If you decide to manage your own cares and team you will need to think about how you will manage payments, leave, taxes, kiwi saver etc. You might like to contact IRD to discuss your responsibilities with them as an employer

You might also need to think up a plan for what to do if one of your team can’t come because they are sick

If you decide to go ahead, we’ll need to know 4 weeks in advance so that we can notify your agency to cease cares.

If you can please let me know if you wish to proceed with this. Once you have advised me of your decision I can send a decision letter to yourself and xxxxx.



I have also been advised that your request for a trailer has been approved. I need to wait for xxxxx xxxxxx to come back to me with a report and then I can start the process for this.

In regards to your window tinting. If you would care to proceed with having this done and ACC can reimburse you the cost.

Kind Regards. xxxxxxxx
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#7 User is offline   waitakerej 

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Posted 31 August 2014 - 06:41 PM

Some background regarding this -
I am a C4 complete, approximately 15 years since injury, and have been with agencies since leaving hospital.
I have declined this offer and go to review in September 2014. This current offer is a pilot scheme that ACC has implemented this year to certain ACC clients. My reasons for declining this offer is that it is not sustainable in a competitive environment. ACC currently pays the agency that I am with $30 per hour as a base rate, that does not include penal rates, i.e weekend, public holidays, on those days they pay more, they also pay for mileage on top of that. They first offered me $10 per hour for several years which is ludicrous, then $14, then $17, then this offer above.
Things I have learned-
DO NOT COMMUNICATE WITH ACC ON THE PHONE always use emails or letters, do not expect them to be vigilant with your case, ultimately you will need to know your rights, or try to find out what they are on sites such as this, constant emails(always, always friendly) are your friends, believe me this will drive them insane.
Expect NO as part of the process, and have a plan all the way through from your first letter/email to the High Court.
When emailing cc other people into it eg your lawyer, acc minister, prime minister the opposition ministers, team leader and life planner.
PM me if you want details of an ACC specialist lawyer
Requesting services and equipment is expected
Every time they present you with an offer make sure you have a counter offer, present your request with a solution i.e $10 per hour was their bench mark to work on so $30 per hour was mine(the current rate paid to an agency) as I see it the same service will be fulfilled and they have no problems paying an agency that has a primary interest in making a profit where as I do not have an interest in making a profit but I do have an interest in having my care, welfare, health and well being maximised which is part of the conditions and purposes that ACC must abide by.
They also offered me a sleepover rate where I currently have an hourly rate, so changing this will negatively affect me(why would I want to ride on the swings when I have been to Disneyland)
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#8 User is offline   waitakerej 

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Posted 31 August 2014 - 07:01 PM

I am currently reviewing my level 2 care entitlements after years of living with a contempt for the processes and the people that exploit them I decided to take responsibility to how things would turn out.

Only Belligerents Have Rights


ONLY BELLIGERENTS HAVE RIGHTS
by Richard C. Donaldson and Alfred Adask

The individual Rights guaranteed by our Constitution can be compromised or ignored by our government. For example, in United States v. Johnson, 76 F. Supp. 538, 539 (D. Pa. 1947), Federal District Court Judge James Alger Fee ruled that,

"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus." [Emphasis added.]

Notice the verdict's confrontational language: "fighting", "combat", and most surprising, "belligerent". Did you ever expect to ever read a Federal Court condemn citizens for being "passive" or "ignorant"? Did you ever expect to see a verdict that encouraged citizens to be "belligerent" IN COURT...?

Better go back and re-read that extraordinary verdict. And read it again. And commit it to memory, for it succinctly describes the essence of the American legal system.

Clearly, we must do SOMETHING, for as Sir Edmund Burke said,

"The only thing necessary for evil to triumph is for good men to do nothing."

But apathy ("doing nothing") isn't simply a function of cowardice or indifference; "apathy" is a synonym for "ignorance".

What is it -- apathy or ignorance? "I don't know and I don't care."

Ignorance makes the public more "manageable" in the courts and in confrontations with the government. Insofar as government naturally seeks to expand its powers at the expense of the citizen's Rights, government has a vested interest in the public's ignorance and consequent apathy. The interest in expanding its powers encourages the government to provide little, no, or even false, education on what our Rights should be.

If you are a product [victim] of the public school system then consider this, The Department of Education gets what it pays for. ...and you need to 'get yourself smart' -- the sooner the better! This is not a good time for 'dumb-ass'.

'Silence gives consent', is the rule of business life. To stand by, in silence, and see another sell your property, binds you. Silence gives rise to fraud - or - silence gives rise to agreement. What better way to acquiesce than to not object?
Acquiescence is acceptance!
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#9 User is offline   Grant-Mac 

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Posted 02 September 2014 - 01:29 PM

Quote

Healthwise New Zealand is also using my research to do a review of all rates for everyone, not even a thank you.


You can always sue them for infringement of copyright if you believe that you have the grounds for a cause of action.

Grant
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