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Acc Investigation Into Self Employer Claimant Obligation to tell ACC of your hobbies

#1 User is offline   moet 

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Posted 09 August 2006 - 05:38 PM

Just wondering if anyone out there has had hassles with ACC regarding personal hobbies ... currently I am under investigation for a issue with unpaid work etc. What is defined as a hobby that can impact on your ACC entitlements. i.e I race a car for approximately 10 minutes every week for 4 months, they say if I can do this I should be able to do my regular job (which is linehaul driving for stints of upto 11 hours per day- and am self employed). I am receiving ACC for my 2 knees which require replacement but surgeons are not happy in doing this as they consider I am to young. I dont understand how they can define my hobby (of 10 minutes per week) to my inability of truck driving for upto 55hours per week. Do I have to tell them if I wanted to go play a round of golf or even have a go at Go-karting once a week???
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#2 User is offline   Hatikva 

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Posted 09 August 2006 - 07:05 PM

Moet ...

Unfortunately, it is always wise to advise ACC of hobbies ... and be prepared to fight a bloody battle to convince them that you aren't working in an "employable situation" ...

Understand your frustration re knees - I'm about to have first of two knee replacements ... one because of stability problems (failed surgery) - other because of damage caused when first one continually gave way.

Sitting for ANY length of time is bloody painful - I used to drive to/from Auckland (4 ish hours at a stretch) BEFORE the mess began, and even that wasn't pleasant. I know that getting into, and OUT OF, a big rig would be a challenge. Sitting for the length of time you would have to do would be MOST unpleasant.

What saddens me, is that what ACC are basically doing is demanding that your hobby which in essence is the application of a small portion of your driving skills - be reapplied to your former profession. Don't the bloody jerks realise that PAIN impacts JUDGEMENT? And that the LONGER you sit in a forced position (not much choice when you're in charge of an 18 wheeler) - the more pain that ensues?

Now, to take this a bit further ... what if your pain clouds your judgement? Or you have to take pain killers? Or you're unable to sleep because of pain in knees, and then you fall asleep at the wheel of a loaded truck/trailer? Or fail to notice a bad situation developing because your judgement is clouded by pain?

Now, who would be blamed if you had an accident - and I'm sure it would't be ACC (although it SHOULD be).

It's hard enough driving on these NZ roads in a small ute or car - never mind a large transport unit ...


The whole mess beggars belief. Further they (ACC) are likely to take a VERY HARD look at your accounts, have IRD sicked onto you to do an audit to prove your income, or to locate any fiscal skeletons in the closet, or to prove that you were working ... and so on it goes.

DO NOT trust the altruistic motives of ACC, Moet, as many of us on the forum have found - ACC is not exactly there to help the claimant.

PS - in a couple of weeks I've got round 1 consising of a semi constrained total knee replacement scheduled. Will post my findings on how good (or bad) knee replacements are (I still have the Tongariro crossing to do once the knee settles down, and a horse or two to ride, and the odd rock outcrop to explore yet!)

I understand that the partial knee replacements are quite good actually.

Have you attempted to do some gym rehab? Some exercises might help, however ... it also takes a perverse enjoyment of pain to be able to continue on a program when you've got knee injuries.

OPS = Welcome to the forum!
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#3 User is offline   doppelganger 

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Posted 09 August 2006 - 07:21 PM

Hatikva, on Aug 9 2006, 07:05 PM, said:

Now, to take this a bit further ... what if your pain clouds your judgement? Or you have to take pain killers? Or you're unable to sleep because of pain in knees, and then you fall asleep at the wheel of a loaded truck/trailer? Or fail to notice a bad situation developing because your judgement is clouded by pain?


well i can see a positive side of the situtation

you are on the road and a line of case managers are ready to EXIT you. you think that it is not true and its is all in your mind

you carry on running them all over ans no more EXITING.

serriously why can't you drive. yes I know the knees ect but why can't you physically drive.
reply off line if you want.
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Posted 10 August 2006 - 06:39 AM

It is my view that the information you are required to provide, and the detail of information, is directly proportional to the way it RELATES to a SPECIFIC entitlement.

Under Section 72 (2) Every such claimant must give the Corporation a statement in writing about any matters relating to the claimant's entitlement, or continuing entitlement, to an entitlement that the Corporation specifies, and must do so whenever the Corporation requires such a statement.

I don't see how unpaid work, hobbies etc relate to any specific entitlement, unless it is prevents you from attending rehabilitation agreed to on the IRP.

Unfortunately, ACC use the threat to stop weekly comp. as a tool to bend you, so if you test them out, you have to be prepared to do it the hard way. However, hobbies do not relate to weekly compensation because there is no income to abate. They will say it is so ACC know what your restrictions are (an attempt to link it to incapacity), which is hum-bug.

For some reason ACC case managers are under the impression that they have more powers than IRD and Customs put together. I liken it to George Orwells "1984", "how many fingers do you see".

I suggest people in this position write to the case manager and ask, "What specific entitlement does this relate to", then take it from there. ;)
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#5 User is offline   Easyrider 

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Posted 10 August 2006 - 08:05 AM

When you see your GP next, tell him that you do this activity, abd ask him to clear you for this. Get it in your Medical file you are cleared the do this activity. Then it is on file.
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#6 Guest_Percy_*

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Posted 10 August 2006 - 01:00 PM

Easyrider, good advice!
A claimant near me was told that "if you do anything that requires EXERTION, you are required to notify the CM as this can be classed as work".
Unbelievable eh!!
A 10min activity is not work and should not be classed as such but the CM will use this to try and force you into employent.
How did ACC find out about your hobby?
Go carefully my friend~~
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#7 User is offline   magnacarta 

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Posted 10 August 2006 - 01:45 PM

The substance of the case on this thread will be the express wording on the medical certificate.

If it says "unfit to return to normal duties" then that is unfit to return to your normal work.

If, on the other hand it says "unfit for work" and you are found to be doing something then that could be construed as misrepresenting your medical circumstances and using a document (certificate) to obtain a pecuniary advantage - and that can be fraud. In that case an intent to defraud must be proved by ACC.

If you feel you are are able to do some work within your capabilities and at your own pace, then ACC should be offering abatements of weekly compensation which is provided for in the Act.

It is irresponsible and unlawful if they don't tell you about this and go off in some other direction or at some other tangent.
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#8 User is offline   BLURB 

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Posted 11 August 2006 - 12:32 AM

moet, on Aug 9 2006, 05:38 PM, said:

Just wondering if anyone out there has had hassles with ACC regarding personal hobbies ... currently I am under investigation for a issue with unpaid work etc. What is defined as a hobby that can impact on your ACC entitlements. i.e I race a car for approximately 10 minutes every week for 4 months, they say if I can do this I should be able to do my regular job (which is linehaul driving for stints of upto 11 hours per day- and am self employed). I am receiving ACC for my 2 knees which require replacement but surgeons are not happy in doing this as they consider I am to young. I dont understand how they can define my hobby (of 10 minutes per week) to my inability of truck driving for upto 55hours per week. Do I have to tell them if I wanted to go play a round of golf or even have a go at Go-karting once a week???

Jill Shepard from Carreer Services in Takapuna who did my voc assessment for AON who in turn was hired to sharft me by the ACC listed computers as one of my hobbies.

It was later used (in and out of context if thats the way to say it) to sharft me.

I remember the assessment quite well. Like a picture.

When assessment report arrived in mail, i seem to have also aquired my "Private Pilots Licence"!

4 hours flying a plane with the instructor sheating himself seated next to me i don't think will qaulify me to sweet stuff all in honesty.

Maybe fly off me nutter a few times when having to deal ... sorry, try and deal with the dorks at acc is about the only flying i do!

I should have said to her i did polictical studies/degree or something like that, maybe then she also wrote I had suitable transferable skill to become Prime Minister!

Dorks!

BLURB :rolleyes:
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#9 User is offline   Easyrider 

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Posted 11 August 2006 - 06:49 AM

Go to your GP and ask him if it is wise that you wear protection on your knees while taking part in your recreation activities. If he agrees ask ACC to aupply you with the prtection needed. Get your GP to refer you to a Specialist to ask ACC for the protection. If they refuse take it to review.
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#10 User is offline   moet 

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Posted 12 August 2006 - 10:50 AM

Thanks for the replys people,have been to my gp & been given the green light for my hobbies(letter accompaning it)have also been told i ca n do some unpaid dutys which are in the confines of my medical cert.This whole investigation was opened because of a small mistake by a new accountant(forced)on my company tax return.
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#11 User is offline   doppelganger 

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Posted 12 August 2006 - 04:52 PM

Don't forget to send any account from the account except for providing entitlements to the ACC.

any furthere information that the ACC require out side the Act needs a search warrent.
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