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Irp Updates

#1 User is offline   Medwyn 

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Posted 01 November 2005 - 10:19 AM

Can anyone advise me as I'm new to all this.

Can you tell me whether ACC is obliged to carry out the things listed in an IRP before they can change it for a new one.

Are IRP's negotiable and if so, how do I go about it.

many thanks in anticipation,

Medwyn
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#2 User is offline   magnacarta 

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Posted 01 November 2005 - 11:23 AM

Firstly, by virtue of s.76 (4) ACC is liable to provide the services identified in an agreed IRP - have your signed and agreed to your IRP????

Secondly, by virtue of s.78 an IRP must be updated from time to time to reflect the outcome of assessments done and progress made under the plan.

Thirdly, by virtue of Schedule 1 Clause 10 both you and ACC may agree to modify an IRP from time to time.

Fourthly, by virtue of s.77 (3) ACC must assess a claimants social and vocational rehabilitation needs when preparing an IRP.

Generally, ACC is failing on all counts.

Fifthly, buy yourself a copy of the Act from reputable bookshops like Bennett's etc.
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#3 User is offline   Medwyn 

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Posted 01 November 2005 - 11:32 AM

Magnacarta,

Thanks for the reply.

I now take it that if ACC has not completed their stated intentions on the IRP, that may be grounds for review?
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#4 User is offline   greg 

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Posted 01 November 2005 - 11:39 AM

A Tip; checkout which ACC. Act you are under first.
I totally agree with Magnacarta about the purchase. You
are now entering a field of legal battles, which you will
need to be fully infomed about, and know your rights
before any contact with case managers or find a well
versed Advocate or lawyer with ACC Law.

A few dollars spent now should save you thousand later.

Enjoy the power Knowledge can supply to those who chose to find it.

:) :)
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#5 User is offline   Medwyn 

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Posted 01 November 2005 - 11:52 AM

My claim was lodged in 1995, which Act am I covered by?
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#6 User is offline   magnacarta 

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Posted 01 November 2005 - 11:59 AM

1995???? - you will have been granted cover under the 1992 Act but it is likely because of the transitional provisions in the 1998 Act and 2001 Act that you will have now come under the 2001 Act but that will depend on what happened from 1995 onwards about your rehab programme - i.e. whether ACC exercised its powers correctly, or at all, and when rehab was commenced etc.

IMHO you should now see a good advocate or lawyer (choose wisely) - but still get a copy of the 2001 Act for yourself.
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#7 Guest_Percy_*

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Posted 01 November 2005 - 12:17 PM

You will be under 1992 Act. Purchase the current Act 2001 but there are things in the 1992 Act that apply to you.
There are lots of info here in the site under IRP's.
It is a legal and binding document that you and the Case Mgr both signed I presume?
The Acc are obliged to carry out all that is in this document as Magncarta has said, but after a time they can update it. An IRP is an important document and must be prepared in conjunction with your GP. It is a living Doco.
Make sure that the diagnosis is correct on your IRP as well as all your restrictions etc.
An IRP must contain Social as well as Vocational Rehab. You can download the Act from the Forum.Take a good read!
Good luck.
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#8 User is offline   Medwyn 

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Posted 01 November 2005 - 02:41 PM

Hi,

Many thanks people.
I have downloaded the acts and will have a read especially the sections Magnacarta so kindly and thouhfully provided.

In searching the board,then finally plucking up the courage to post, I have found there is help for those who seek it.

Thank you, I'll be in contact.
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#9 User is offline   doppelganger 

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Posted 01 November 2005 - 05:01 PM

just one thing that Magna left out Schedue 1 Clause 9 gives you the right to dispute the plan if you are unhappy about the plan.

this includes modification of the plan Clause 10
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#10 User is offline   Medwyn 

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Posted 01 November 2005 - 06:26 PM

Further to my postings.

When I'm given the IRP can I take it away to discuss with my Medical Professional and Advocate before signing?
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#11 User is offline   Paradigm Shift 

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  Posted 01 November 2005 - 07:01 PM

The act requires the Corporation to advise you that you can have your representative with you at all times. Obviously nobody signs anything without legal advice. Of course you can take everything away so as you can properly consider everything.

When you are hurried through a system, such as ACC assessments, more often than not you are being railroaded. Properly considered decisions after taking into account all facts and the law is the only way you will achieve full rehabilitation. Everything else is a shortcut designed to reduce the ACC's liability.

Didn't your mother tell you to read the small print!
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#12 User is offline   Medwyn 

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Posted 01 November 2005 - 07:12 PM

I apreciate all the help I've had, but the comment to read the fine print is a bit over the top as I don't have legal training. Plus the fact I was raised in Foster Homes away from Mother makes it a bit cutting.
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#13 User is offline   doppelganger 

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Posted 01 November 2005 - 08:21 PM

Yes take it to your Medical adviser and advocate to get it considered are you near a support group as they may be helpful as well.
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#14 Guest_Percy_*

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Posted 01 November 2005 - 08:21 PM

Never sign anything that you do not understand is what Paradiqm was trying to tell you.!
The role of the CM is to explain to you what the IRP is all about. But these CM's do not explain a thing as all they want is an IRP signed and then they get rewarded by KPI's which lead to promotion. So we are trying to say, IRP's are to work in your favour, not ACC's!!

So that is why you should discus it with your GP and any other advocate you may need. Once you have signed it, that is a legal and binding doco.
Much of people's troubles with ACC comes from the fact that they signed an IRP without understanding what they were signing.

As I said before, you must make sure that it contains Social Rehab, ie, things to help you like aids, appliances, home help , transport, ie a car? and all the rest of of it, as set out in the ACT!!!

Are ACC trying to rehab you by sending you to work?? This is called Vocational Rehab??
This comes after your condition has stablilised and your GP has cleared you for a work trial etc.

So always take a taperecorder and a witness to any meeting with ACC.
Do you live near a Support Group?? They are listed on the Forum right here!!
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#15 User is offline   jadeF1 

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  Posted 02 November 2005 - 04:33 AM

Was wondring if Percy could please clarify a couple pieces of info from posts. When you say a IRP is done in conjunction with you GP does that mean my GP is meant to have input to the IRP.In my case this has never ever happened, only ever had completed copies sent the them by CM. Secondly in last post it says about GP clearing you for work, in my case it was ACC's MA without an explanation, written request for explanation was ignored.
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#16 User is offline   magnacarta 

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Posted 02 November 2005 - 06:02 AM

Schedule 1 Clause 7 (3) provides, amongst other things, that a registered medical practitioner providing treatment must be given an opportunity to participate in the preparation and costing of a plan to the extent that they are willing and able to do so.

Generally, ACC fails to do this.

By definition this is evidence of an unethical organisation who continues to flagrantly disregard the law.

This is one of the reasons why an inquiry into ACC is imperative and all of us must continue to insist on one. Are you playing your part??????

Can I also strongly urge those people with questions to buy a copy of the Act.

People on this forum will willingly give assistance where they can and are able - but you all must really try and help yourselves by firstly getting a copy of the Act. After all, they have bought a copy of the Act so why shouldn't you??????
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#17 User is offline   fairgo 

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Posted 02 November 2005 - 07:33 AM

I agree magna, getting a copy of the act was the best thing I ever did. You can buy them at Bennetts or Governement bookstores about $25.00 I think. You don't have to have legal training to understand most of what it is saying..... just time to sit down and have a good old read. For those that don't want to buy their own copy it is available online so you can read sections on here. Much easier for that bed time reading tho if you have your own ;)
Medwyn,
IRPs are a very important document. Most people get tripped up because Case manglers simply send you a copy and ask for it to be signed and returned... that's unless they call you in to the office and ask you to sign there and then. ALWAYS take it away. ALWAYS ask your GP and any other health professional you have such as physio, clinical psych whatever for their opinion and their input. Once you have decided what YOU want from the plan THEN you can send it back to ACC. IRPs were always supposed to be a NEGOTIATED document that related specifically to your injury and situation. It is the document upon which your entitlements and further dealings with ACC is based. If something isn't in there, ACC do not have to provide it. Include ALL the things you believe relevant to your rehabilitation. Social , Vocational, and medical. Don't accept anything less.
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#18 User is offline   Medwyn 

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Posted 02 November 2005 - 07:44 AM

Thank you one and all

i have ordered a copy of the Act, but at the moment I'm wading through the download version from this site, (but it's hard to anotate on screen!) and I see the need for a hardbound copy.

I'm very grateful for the advise given freely and I'll take it and use it.
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#19 Guest_Percy_*

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Posted 02 November 2005 - 11:48 AM

;) Jade, Magna and Fairgo have answered your questions I think very well!!
If you get a copy of the Act, you will see where it clearly states that your IRP is prepared in conjunction with "Health providers" etc. etc.

In my case, we obtained a blank of the IRP from the Support group and wrote my own, with all that I thought the ACC should do. The Case Mangler altered only ONE WORD!!!!! So on my IRP is all the social rehab that had to be put in place after having had an assessment from an OT., Treatment etc.
Also very importantly, the diagnosis was totally incorrect. CM said it "didn't matter" HUH?? Well, it does and also I put down all the claim numbers relevant to my present condition as well, with a short description and dates as well. The restrictions I asked GP to define and that went on as well . So the front page is rather full!!
so good luck to you and come back if you want more help!!!!!
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#20 User is offline   tonyj 

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Posted 08 November 2005 - 06:16 AM

Hmmmm,

Copies of the act.

I suggest you request your ACC case officer supply you a copy ( in writting).. and free of course..

If they refuse get it in writing and ask them to spell out legally why they can refuse..

Then PM ( private message me the copies of the letters they send ...PLEASE !!!!!.

tonyl
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