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Ia independence allowance

#41 User is offline   DARRELLGEMMA 

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Posted 07 August 2007 - 03:25 PM

View Postmini, on Aug 7 2007, 03:06 PM, said:

Unless your original Application for IA for the injury that you are trying to get backdated % of, was dated pre July 1999, you will not have a shit show in hell of getting backdating.

That is where I have a little more leeway than you may have.

Excuse my flowery language, but I have had worse said to me on this posting. Remember???

Good Luck cause your gonna need it!!

Afternoon Mini it is Darrell here. I was first assessed using the ama guides back in November 1998 when i made the application i was also assessed on my left knee claim on the 27/4/1999 my final payment was made on the 5/7/1999 & it has been 8 years since i received my last independence allowance payment from acc until i was successful at review in 2002 when i had 10% & ACC had my payments cut off. I made the application on the 1/12/1998 was when the application was made to ACC. I CAN TELL YOU NOW I HAVE HAD 20 ASSESSMENTS & 11 OF THOSE ARE BY ACC TRAINED ASSESSORS & the other 9 are independent assessments by orthopaedic specialists with regards to my left knee.
I hope that clarifies the matter for you & i am also waiting on the FENEMOR case to be decided in the court of appeal hopefully that helps as well.
I Look Forward To your Reply Soon.
Regards.
Darrell Pearce.
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#42 Guest_mini_*

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Posted 08 August 2007 - 10:07 AM

Nothing to reply too.

Sounds like you have yourself covered!!

Although one gotta ask why you lost recently?

No please dont reply to that you already told us it wasnt your avocates fault!!
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#43 User is offline   DARRELLGEMMA 

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Posted 08 August 2007 - 03:18 PM

View Postmini, on Aug 8 2007, 10:07 AM, said:

Nothing to reply too.

Sounds like you have yourself covered!!

Although one gotta ask why you lost recently?

No please dont reply to that you already told us it wasnt your avocates fault!!

Hi Mini it is Darrell here. Just a quick reply to your repsonse to my comment about the independence allowance it was cut off on the 5/7/1999 i don't know if you saw that or not but i have the transscript on me from drsl & on page 23 it says this although the payments are loaded in at less than 10% & it starts calculating the quarters from that initial assessment. ACC gave me the benefit of the doubt although there is no benefit of the doubt at all i don't know what planet ACC are on. I will be asking ACC at my district court appeal to do the right thing & go all the way back to 1999 when i had no independence allowance payments made for 8 years.
I hope that clarifies the matter for you.
Regards.
Darrell Pearce.
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#44 User is offline   DARRELLGEMMA 

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Posted 15 March 2008 - 10:41 AM

View Postmini, on Aug 7 2007, 04:06 PM, said:

Unless your original Application for IA for the injury that you are trying to get backdated % of, was dated pre July 1999, you will not have a shit show in hell of getting backdating.

That is where I have a little more leeway than you may have.

Excuse my flowery language, but I have had worse said to me on this posting. Remember???

Good Luck cause your gonna need it!!

Hi Mini it is Darrell here. I had my appeal hearing on thursday morning in the district court at new plymouth with judge beattie & acc. I can tell you now that the acc have to backdate the claim back to when the application was made not the last quarter because it does not represent a generous approach by acc. The case is adjourned part heard for further submissions to be made & then we all wait for the outcome. I will let you know when the decision is out & if you want a copy i can post a copy on this website for you's all to read. The judge was impressed by the way i presented my case nice & clear. I also believe that what will happen is the judge may set % as he sees fit keeping in line with court policy.
Kind Regards.
Darrell Pearce.
P.S. If you want send me a personal message & i will tell you how to go about getting the right result.
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#45 User is offline   Not Waddie 

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Posted 15 March 2008 - 11:08 AM

Well done in presenting your case Darrell. It sounded like it has been made messy in the past. Good luck.
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#46 User is offline   DARRELLGEMMA 

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Posted 15 March 2008 - 11:18 AM

View PostNot Waddie, on Mar 15 2008, 12:08 PM, said:

Well done in presenting your case Darrell. It sounded like it has been made messy in the past. Good luck.

Hi Not Waddie it is Darrell it sure has been messy. It has taken 5 years to have the independence allowance reinstated. The judge said it was unfair that a claimant like myself has to battle away to get the right result at the end of the day. As i said i have final submissions to do before the judge makes the decision. Anyway keep an eye on the acc website type in district court decisions 2008 & somewhere in there will be my decision once it is out. It is appalling that claimants are not treted with respect by the acc what so ever. Hopefully it will the end of the matter for me provided acc does not go to the high court.
Kind Regards.
Darrell Pearce.
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#47 User is offline   DARRELLGEMMA 

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Posted 15 March 2008 - 11:21 AM

View Postmini, on Aug 7 2007, 04:06 PM, said:

Unless your original Application for IA for the injury that you are trying to get backdated % of, was dated pre July 1999, you will not have a shit show in hell of getting backdating.

That is where I have a little more leeway than you may have.

Excuse my flowery language, but I have had worse said to me on this posting. Remember???

Good Luck cause your gonna need it!!

Hi Mini it is Darrell here. i will post a copy of my appeal submissions on this website if any body is interested. Then you's can see how it should be presented to the judge.
Kind Regards.
Darrell Pearce.
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#48 User is offline   MINI 

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Posted 15 March 2008 - 03:50 PM

Hi Darrell

Congratulations.

When was date of application??

Mine just got first decision revoked and new decision made, but I am not happy with it so have one case at Appeal on hold and one at Review. For basically the same issues in decision making.

Got a couple of % extra on apportionment but nothing on backdating. That is OK as it will be bought up first time in my new Review coming up.

Maybe you will not have yours finished before I need it, but I would still like to read it.

Judge Beattie looking a bit the claimants way lately. ??? Heard someone is getting interest under 114, maybe, could be interesting and a first at that???

Why did they stop your Review part heard??

Did you present your own case after all that, no advocate??

I am going for Application date of 1999 or earlier but the first Reviewer said first application date was 2002 so may only get back until there. Will see how it pans out.

Have more on my mind at the moment, tax Court Judge to talk too on teleconference on Monday so plenty of reading to do. Hearing date will be set down then if they want to go ahead.

It is never ending, but a light is shining at the end of the tunnel.

Cheers Mini
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#49 User is offline   MG 

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Posted 15 March 2008 - 06:34 PM

Well done, Darrell. Please post your submissions up here for us to read. Also though - watch out for ACC's final submissions before you make your own. It sounds like there was some legal or factual issue that couldn't be answered in Court the other day so Judge Beattie sent you and ACC away to do some more homework and find out the answers. You don't want to let victory slip away from you at the 11th hour.
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#50 User is offline   DARRELLGEMMA 

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Posted 15 March 2008 - 09:38 PM

View PostMINI, on Mar 15 2008, 04:50 PM, said:

Hi Darrell

Congratulations.

When was date of application??

Mine just got first decision revoked and new decision made, but I am not happy with it so have one case at Appeal on hold and one at Review. For basically the same issues in decision making.

Got a couple of % extra on apportionment but nothing on backdating. That is OK as it will be bought up first time in my new Review coming up.

Maybe you will not have yours finished before I need it, but I would still like to read it.

Judge Beattie looking a bit the claimants way lately. ??? Heard someone is getting interest under 114, maybe, could be interesting and a first at that???

Why did they stop your Review part heard??

Did you present your own case after all that, no advocate??

I am going for Application date of 1999 or earlier but the first Reviewer said first application date was 2002 so may only get back until there. Will see how it pans out.

Have more on my mind at the moment, tax Court Judge to talk too on teleconference on Monday so plenty of reading to do. Hearing date will be set down then if they want to go ahead.

It is never ending, but a light is shining at the end of the tunnel.

Cheers Mini

Hi Mini it is Darrell here. Date of application 17/2/2006 was when i applied. The acc received it a month later. The appeal was adjourned part heard because the judge wanted the application for when i applied. ACC did not have it with them & i said at the hearing if i have the application on me i will drop them off the next day. So i found the applications & took them to the court for the judge so that has done we now have write up final submissions before the decision. I didn't have no advocate this time i took this on my own & the judge congratulated me on the way i presented the case. As i had 2 appeals that day i was first up on thursday the 13/3/2008 at 11.00am which was good for me. The independence allowance was first up. The likely result will be that the review decision will be quashed, doctor Tanner's assessment be set aside & doctor Newburn's assessment will be accepted. The judge will also look at the other issue of apportionment as i pointed out it is unfair that a claimant has to find the other 5% from another claim.
Anyway all the best in your upcoming case with the acc.
Kind Regards.
Darrell Pearce.
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#51 User is offline   DARRELLGEMMA 

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Posted 15 March 2008 - 09:45 PM

View PostMG, on Mar 15 2008, 07:34 PM, said:

Well done, Darrell. Please post your submissions up here for us to read. Also though - watch out for ACC's final submissions before you make your own. It sounds like there was some legal or factual issue that couldn't be answered in Court the other day so Judge Beattie sent you and ACC away to do some more homework and find out the answers. You don't want to let victory slip away from you at the 11th hour.

Hi MG it is Darrell here. The judge adjourned the appeal part heard because he wanted further information like when was the application made. Along with final submissions. I believe that i have a strong case against acc. The judge was not impressed by the lenght of time it took to sort my case out. I took the application into the court on friday so the judge has the application & he will have final submissions next week before easter i hope. I think that common sense should prevail at the end of the day. I will most certainly be placing my appeal submissions on the acc forum website. Do you have the e-mail address so i can post them on the website. I believe justice will prevail after 5 years.
Kind Regards.
Darrell Pearce.
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#52 User is offline   MINI 

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Posted 16 March 2008 - 10:55 AM

Daryll

No one knows our case like ourselves, therefore I think in your case this taking your own case was a smart move.

However be careful in what Not Waddie says.

From what you have written you would have been paid a lump sum at some stage for your 1998 application, Maybe???

Will this come off your overall % rating and leave you with less than 10%??

You are dead right though it is a bit much when you have to scrape a couple of % up from somewhere to get the minium they will pay out on.

As mine is "Mental caused by physical" there should diffinently not be a need for that to be done.

You say in your earlier post that it had already been decided that you will have backdating until the date of Application. Then you go on to say the date of application was 2004. So are you saying that you will get backdating until then??

I am saying that because I had my application with mention of mental in May 1999, but ACC did nothing about it, mine should be backdated until then. Mind you at the time I should have reviewed it as unfinished business, ie they only did the Physical. I did put another application forward in 2002, but the Psych, didnt have all the information and put it all down to not related to Physical. Didnt take this any further as lawyer wouldnt take three different cases at the one time.
w/c, IA physical and IA Mental. So ACC let me have another Psych report, which was not too bad. but the assessor for % of impairment was gross!!! So many mistakes in report and the IA Unit took forever to get this sorted!! If can call going to Review twice and putting appeal on hold sorted. I dont, there is lots of work left to do.

You refer to the Judge saying something about not being niggardly appoarch. I have read this in a case, if my memory serves me right. Can you put the name up of the case, so that I may refresh my memory??

My second Review time has to be set down yet, so I have a little time before submissions.

Mini
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#53 User is offline   DARRELLGEMMA 

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Posted 16 March 2008 - 04:51 PM

View PostMINI, on Mar 16 2008, 11:55 AM, said:

Daryll

No one knows our case like ourselves, therefore I think in your case this taking your own case was a smart move.

However be careful in what Not Waddie says.

From what you have written you would have been paid a lump sum at some stage for your 1998 application, Maybe???

Will this come off your overall % rating and leave you with less than 10%??

You are dead right though it is a bit much when you have to scrape a couple of % up from somewhere to get the minium they will pay out on.

As mine is "Mental caused by physical" there should diffinently not be a need for that to be done.

You say in your earlier post that it had already been decided that you will have backdating until the date of Application. Then you go on to say the date of application was 2004. So are you saying that you will get backdating until then??

I am saying that because I had my application with mention of mental in May 1999, but ACC did nothing about it, mine should be backdated until then. Mind you at the time I should have reviewed it as unfinished business, ie they only did the Physical. I did put another application forward in 2002, but the Psych, didnt have all the information and put it all down to not related to Physical. Didnt take this any further as lawyer wouldnt take three different cases at the one time.
w/c, IA physical and IA Mental. So ACC let me have another Psych report, which was not too bad. but the assessor for % of impairment was gross!!! So many mistakes in report and the IA Unit took forever to get this sorted!! If can call going to Review twice and putting appeal on hold sorted. I dont, there is lots of work left to do.

You refer to the Judge saying something about not being niggardly appoarch. I have read this in a case, if my memory serves me right. Can you put the name up of the case, so that I may refresh my memory??

My second Review time has to be set down yet, so I have a little time before submissions.

Mini

Hi mini it is Darrell here. The case i used was X v ACC in the district court in Wellington. The date of the application was on the 17/2/2006 prior to me going into hospital for surgery on my left knee. I have never had a lump sum payment from ACC. I have always had an independence allowance. It will be interesting to see what the judge sayd when he issues the decision. I am quietly confident of ACC at there own game of chess. Because that is what it is coming down to.
Anyway all the best in your up coming review hearing. I did all the submissions myself & nobody helped not even legal assistance. The judge was impressed by the way i produced my case on thursday morning.
Keep in Touch. I never listen to what not waddie says anyway. I make my own decisions myself.
Kind Regards.
Darrell Pearce.
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#54 User is offline   MINI 

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Posted 17 March 2008 - 02:32 PM

Daryl

I didnt mean NOT to listen to Not Waddie. I meant to take heed of what he says!!!

He has given me some really good feed back, so I would never put his advice down.

Anyhow at the end of the day each one of us has to do our submissions and they are what usually makes or breaks us.

I hope you go well with your case. All information is useful in its own way.

You are learning to take heed of your own self and this is all impowering. Hey, but then I am not too knowledgable to do it all on my own. I have frequently got really good advice and stuff docos etc off this site.

It has probably held me together over the past few years.

Do you just have to put your submissions in and Judge will make a decision on the papers?? Or do you have to have another hearing??

Cheers
Mini
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#55 User is offline   DARRELLGEMMA 

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Posted 17 March 2008 - 08:38 PM

View PostMINI, on Mar 17 2008, 03:32 PM, said:

Daryl

I didnt mean NOT to listen to Not Waddie. I meant to take heed of what he says!!!

He has given me some really good feed back, so I would never put his advice down.

Anyhow at the end of the day each one of us has to do our submissions and they are what usually makes or breaks us.

I hope you go well with your case. All information is useful in its own way.

You are learning to take heed of your own self and this is all impowering. Hey, but then I am not too knowledgable to do it all on my own. I have frequently got really good advice and stuff docos etc off this site.

It has probably held me together over the past few years.

Do you just have to put your submissions in and Judge will make a decision on the papers?? Or do you have to have another hearing??

Cheers
Mini

Hi Mini it is Darrell here. I didn't mean to say that i wasn't putting not waddie's opinion down he is entitled to his opinion. I have to submit final submissions to the judge & he will make the final decision. The appeal is adjourned part heard for those final submissions to be made. I think the acc have to start taking into account claimants opinions. As i said i have done a lot hard work on my case to get it right before the hearing. I don't have to have another hearing.
All the best in your case. The judge clarified for me that interest can't be applied to the independence allowance. It is disappointing that it can't be applied. I always thought there was to be fair compensation across the board. I think once the decision is out i will be writing to the asking for an amendent to the iprc act 2001 to have interest included on the independence allowance.
As i said all the best in your case.
Kind Regards & thanks for the kind support you have shown.
Darrell Pearce.
P.S. IF YOU WANT TO GIVE ME A RING MY PHONE NUMBER IS 06 7696301. My e-mail address is [email protected]
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#56 User is offline   MINI 

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Posted 18 March 2008 - 08:35 AM

Daryl

Re the interest on late IA.

I have found that you can ask for it through Operations at HO as a payment outside the legislation.

Try that when you get the decision back.

It cant hurt. They can only say No.

There is no Review for that if they say No. But it is worth a try. I am going to do it when I get the lastest one sorted.

Cheers
Mini
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#57 User is offline   MG 

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Posted 18 March 2008 - 12:29 PM

Darrell - I think others of us have told you here that there is no entitlement to interest on late payment of IA (I know I have anyway). I think you should take a close look at ACC's final submissions before you send your own to the Court - ACC are quite capable of trying to slip something past you and I'm willing to be that, right now, their entire legal, medical and bureaucratic resources are spinning away at full speed, trying to come up with ways to defeat your case.
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#58 User is offline   greg 

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Posted 18 March 2008 - 02:00 PM

I attended an IA in dec 2007, went to peer review, cheque arrived jan 2008. To review the time frame of this claim ,
should I have been be given a decision letter with this cheque.?
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#59 User is offline   MINI 

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Posted 18 March 2008 - 02:29 PM

Hey there Gregg

Have a talk to Tomcat. I believe the same happened to him. Cheque without letter!!!! Bloody incompetent.

I consider they have made a decision under section 54 when they put the money in the bank, I wouldnt wait for a decision letter I would put in for a review just to be on the safe side of the three month limit and cite section 54.

They think they getting cunning, we just have to be more cunning. One step ahead all the way.

Good Luck

Mini
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#60 User is offline   greg 

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Posted 18 March 2008 - 03:10 PM

Claim decision - Have I got the request wrong?
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