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Total Declinature Of Claim / Alan Thomas Allegations of working while incapacitated

#101 User is offline   Alan Thomas 

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Posted 06 April 2007 - 12:59 PM

Mini
happy 1
stumpy
freefallnz
noDRSL
Others Who Have Contacted Me Personally

Thank you very much for your kind concern. It is heartwarming. WINZ do this each year. December 2005 day set unless I get fresh surgical evidence of my writing disability they would suspend my entitlements. ACC promise to provide me with writing disability equipment if I got a job that needed it and then accused me of working, cancelled my claim and did not provide me with writing disability equipment. My current capacity to communicate in writing is via the voice software and the assistance of "Benson". WINZ do not like me writing letters to them using my voice software and they do not like me providing the information on their forms on a plain piece of paper with my signature on, panel 1. Blah blah blah, panel 2. Blah blah blah, panel 3 blah blah blah etc.

They sent me the telephone number of a hand surgeon, John Tonken, insisting that I get a report of him. I wrote back to them and reminded that this surgeon has provided medical reports dated 1990, 1991, 1995, 2001 and that I had contacted him asking for yet another report. His answer was tell them to get stuffed. I also reminded wins that they had the reports of six other hand surgeons on my file all saying the same thing and summarised by their own designated medical professional who confirmed that I was an invalid because I had a writing disability and although I could write should not because it would cause additional injury.

They were reminded that the ACC had given me an ultimatum in 1996-1997 to produce business plans which involved some writing which did cause the rupture of one of the few remaining ligaments left. Although I could write I will not write because it any further damage occurs surgery will be impossible.

The reason I'm getting a hard time from WINZ is because I attempted criminal prosecutions against numerous members of their staff ranging from failing to call an ambulance while I was having a stroke in their office through to failure to fund pain medication when the hospital wrote to them stating that they expected a high percentage of people at this level of pain to commit suicide. They did not pay the pain medication because the ACC asked WINZ not to pay as it would make the ACC look bad as the matter was to be heard in the district court for not paying. ACC ultimately did pay and WINZ should have paid during the intervening period.

WINZ is keeping me at arm's length by having my case processed by the Remote Client Unit. The remote client unit was set up to manage dangerous and violent claimants. I do not think it is appropriate that my case is processed by this unit as it causes all various help agencies not to want to have dealings with me.

Food banks and other temporary assistance is not appropriate as over the years I have benefited from these agencies only to find that WINZ then asserts that they do not need so much money. In 2003 I was homeless three months for example and WINZ decided on the wisdom that my average cost of living was substantially less than the year before and therefore would not need as much. Currently I have not gone to the doctor since November last year because I cannot afford to as WINZ have determined that I do not need to go to the doctor as much. This failure to be able to afford to go to the doctor proved to them that I do not need to go to the doctor. Currently I have failed to attend some of my hospital appointments for a condition that has a 5% mortality rate.

I can confirm that WINZ is not the ambulance at the bottom of the cliff. I am at the bottom of the cliff and they are not there!!!

What is at the bottom of the cliff is other fellow injury sufferers. We have been helping each other and now I am receiving help from a few which has been able to keep me going. This however is not the solution but to the contrary only serves to encourage WINZ all the more. For every dollar that is spent on me is one dollar lest they spend which also further diminishes our overall capacity to stand up against them.


A PRACTICAL SOLUTION

WINZ limit my communication to leaving a message on an answerphone. The messages are transcribed. It would be helpful if everybody left a message once per hour on this answerphone until there is a solution. If enough people leave messages for long enough they will get the message surely. It would also serve as a written record of how I am being abused by the time this gets into a court.

The WINZ answer phone number is freephone 0508 222 007. All are invited to call this number and describe my plight and your outrage. This produced will cost them $.75 per call. Call them as often as you want. Set up a speed dial button. Not only will it cost $.75 per call but it will also cost WINZ money to transcribe your message ready for the court case against them. The convenience of this freephone dedicated the Remote Client Unit should be turned against them just like a petition. As this petition will cost them money it will have an effect. I calculated that with the speed dial and a quick message it will cost more than $500 per hour. Even if nothing is said he will still be a $.75 protest, provided the call is answered and you wait a few seconds. They will realise what's going on if you wait until the answerphone starts to record. If this is kept up an hour after hour day after day they will be very likely to surrender their unreasonable position in favour of normalising my file. I don't see any point in invalids protesting out in the sun and rain while they sit in a cozy office.

I hereby authorise all persons reading this that they may be my spokesperson and express their concerns concerning me. They may quote of this Internet site or say anything deemed appropriate.

My expectation is that my claim should be normalised and processed in the local branch with a case manager filling out my forms for me.

My expectation is that when I asked for a Benefit Review Committee Hearing (similar to a Review Hearing) that I am able to attend that hearing and describe my plight rather than WINZ having the meeting in secret without my being heard.

My expectation is that the regional managers calculations in 1999 is somewhere near correct and should be returned to a similar amount based on the same means of calculations. The planned to progressively reduce my entitlements from the regional managers calculations is unlawful as I am denied the necessities of life with my additional costs as an invalid.

It is time we took a strong stand in a unified way by this very decisive protest action which will voice concern for not only myself that others suffering in the same way or could suffer in the same way.

Thank you in advance for any assistance.
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Posted 06 April 2007 - 05:21 PM

Alan

This is vexatious and I for one am not being part of it and you should be ashamed to ask the very people who help you, with no thought of anything in return, not even your gratitude, to risk the chance of being seen as breaking the law.

You are trying to score points in a very childish way and I would think this is the very reason you have not been able to care for yourself very well.

Thats it, I am outta here
Mini
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#103 User is offline   Alan Thomas 

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Posted 06 April 2007 - 05:55 PM

Mini
You have made the suggestion that I should compromise. Is that Correct??!! I am gobsmacked!!!

Just how far do you propose that I should compromise? Should I compromise 10% per year and have a steadily reducing entitlement or should I get over and done with it and commit suicide now as I have nothing left that can be sacrificed by way of compromise. What part of there is nothing left don't you understand??? I have lost my health, occupation, family, friends and wealth not to mention the death of my unborn child, the loss of my wife to another country and the suicide of the manager of the company I owned as result of the ACC seeking compromises.

I had not enjoyed the benefits of judicial redress. I have been falsely accused and brutalised. I had won my right to have the prescribed surgery yet have received the wrong surgery with the result that the following year while investigating what went wrong I suffered a medical misadventure that resulted in a stroke and more harm.

I continue to seek to rehabilitate myself at my own cost. I purchased my own voice software and interviewed various prospective business partners that might be able to carry out the work task activities that I could not. The investigation into rehabilitation resulted in an allegation of fraud. When I objected I was set upon by the ACC. When my wife tried to provide evidence to the court she was deported without unborn child who died at the hands and words of Robert Cheetham.

The ACC have declared war against me and other invalids like me. A you going to be like the citizens of Germany that what people being exterminated? Shame on you. You should have courage and do whatever is in your power to stand up against that these monsters. I am not suggesting that we execute these monsters, I am suggesting that we protest in a law-abiding way given that we have been robbed of judicial processes.

If you have a better suggestion that will save my life and others I would welcome any input.

Please understand that I have already compromised and there is nothing left.
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#104 Guest_mini_*

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Posted 07 April 2007 - 01:11 PM

Alan

You cant look after yourself so how could you look after a wife and baby.

I do know what I am talking about as I brought my children up on my own with sometimes very little to eat, but theyare now grown people with own business's and looking after families who do not go without. This is not luck. This is good management.

This is hard work and knowing when to compromise!! to put food in my childrens mouths. To be able to raise them to have good morals and never never try to threaten their mother with emotional blackmail. Like suicide. Because it will not work on her.

They will never be in a position of being hungry as I would never let that happen and I do not run business's with multi million dollar contracts, but I do know how to budget.

Besides they have never asked me for a dollar since they left school and I would be very surprised if it happened.

Where is your mother by the way??

If I needed food my 93 year old would make sure I got it, well until next pay day anyway!! She would be apalled if I were to grovel to take handouts from people I scarcely know because, she would feel that she didn't bring me up right.

I too would think that of myself if my children were to go to anyone but me.

You think you are hard done by. I think that is because you have been living up in the clouds for so long, you do not know how to live in the real world, whereby 'shit' happens to all of us, and we have to get over it and get on with living!!

Might I ask how you can rehabiliatate youself by buying products, when you have no money for food. Get your priorities right. Use you left hand. You have two legs and one hand.

Look at that gentleman on the forum Tomcat put up recently. Had an horrific motorbike accident. Could not even wipe his bum. I can relate to than having had operations on both shoulders in the space of one year.

The poor guy is truely an insparation to us all. His courage is extrodinary.

Yes I say comprise, comprise whatever you have to, to enable you to take the next step forward and stay healthy and safe until your three months are upand the Judge hears the rest of your case.
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#105 User is offline   Alan Thomas 

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Posted 07 April 2007 - 02:06 PM

Mini
You state "You cant look after yourself so how could you look after a wife and baby." She looked after me until ACC asked NZIS to send her back to China which resulted in the death of our baby.

I started out with everything, and accident, and ended up with nothing not because of myself that because the servants of the people had failed to serve.

You state "Might I ask how you can rehabiliatate youself by buying products..." what on earth are you talking about? Perhaps if you think you know something you should disclose it.

Mini it is plain to see that you have a learned behaviour pattern of being a victim. While you continue to be subservient and demean yourself these evil minded people will continue to do what they are doing to you.

The purpose of the site is to gather together and share the know-how to take what is ours. It is not to learn how to be subservient. The way that you have been socially engineered sickens me and if I am unable to reverse this social engineering of my fellows I would rather die. You have failed to realise that I have nothing left to lose, sacrifice or compromise. There is nothing left.
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#106 User is offline   Alan Thomas 

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Posted 11 April 2007 - 05:52 PM

HELP

I am now without my Invalids Benefit for one month because I have a writing disability.

Last year WINZ also suspended my invalids benefit which resulted in a Review Hearing application. This hearing was decided by the reviewer 11 August 2006 as attached to the effect that I am not entitled to social rehabilitation to fill out invalid benefit forms.

I been submitted a new Review Hearing application which address the issue of incapacity to write generally so as I will be assessed for social rehabilitation, submission made 15 August 2006. As a review hearing date has not been set the application has been converted into a deemed decision, which was followed by a new ACC decision, as per attached, so as the ACC can get around the deemed decision. I then is submitted a new review hearing regarding the delay of process to comply with the deemed decision and against the new decision not to assess or provide hand writing assistance.

I am confused folks. Before I was injured I could write, including filling out forms, and even enjoyed oil painting etc etc. I received a 60% disability assessment under the 1982 Act on account of my incapacity to write etc.

ACC does not consider that filling out Invalid Benefit Forms achieves a rehabilitation outcome. The ACC claims that even if he was a favourable social rehabilitation outcome their rehabilitation providers don't fill out forms.

HOW DO I SOLVE THIS PROBLEM?

The ACC and reviewer's appear to be very slippery with this concept of providing entitlements after accepting cover. I wonder what the next series of advertisement about entitlements after granting will be like. I guess I'm one of the lucky ones who has been granted cover. Yeah right!

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#107 User is offline   Alan Thomas 

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Posted 11 April 2007 - 07:39 PM

doppelganger

You stated "Is your left hand injured as well as your right hand?" I have a left elbow injury from the same accident. Pre injury I used to be ambidextrous but now I am not. I would give my right arm to be ambidextrous!

I can write a little bit but I have a legitimate expectation that I received funded social rehabilitation even if that involves training to use my left hand. I think with WINZ the case manager's job is to fill out invalids forms for those who cannot write. In the meantime ACC should fund somebody else!

18 years of struggling is five minutes of struggling too long. Enough is enough!!!
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#108 User is offline   Alan Thomas 

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Posted 12 April 2007 - 05:19 PM

Today the remote client unit of WINZ telephoned my spokesperson in stated that my invalid benefit will resume once again the capacity to write. When this contradiction was challenged WINZ then demanded that my spokesperson fill out the forms for me.

Within the hour I received a fax from ACC stating that the person addressing my social rehabilitation entitlement to writing assistance was going to be away from the office for the next two weeks.

This whole situation is obviously coincidental to my appeal to the 1997 decision of total declinature which has been waiting 10 years for an appeal to the district court because the ACC would not reveal the information it relied upon for its decision.

Both WINZ and ACC are not aware of the power of this site which operates on the basis of the goodwill and humanity of fellow claimants. I have food to last two weeks and my landlord hates ACC because the is a sole trader who is charged $3500 per year in ACC levies and is very supportive of me.
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#109 User is offline   Alan Thomas 

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Posted 13 April 2007 - 12:51 PM

Despite my rent being over $1300 behind, my telephone bill over $200 behind, not been able to afford to go to the doctor since November last year, missing various hospital appointments and destined to miss a very significant hospital appointment in a few weeks and the usual help agencies throughout Auckland being contacted again and telephone calls made on my behalf to WINZ I am still breathing in and out.

Benefit Review Committee was meant to hear my case a few weeks ago but then failed to inform me of the location of the hearing which meant I have not had a hearing. The application for benefit review committee hearings at 18 months old.

All of the information is in the possession of WINZ for them to transfer onto their own forms in handwriting for me to sign if that's what they want. It seems they are not happy with me using my disability equipment, voice software, to provide them with the information on ordinary paper as the ombudsman has suggested. They are also not happy with last year's forms being photocopied redated and re-signed by myself and my doctor. It appears they are determined to press me into disregarding the surgeons advice and filling out their forms by hand myself.

DOES ANYBODY KNOW THE REMEDY???
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#110 User is offline   Alan Thomas 

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Posted 19 April 2007 - 01:28 PM

Continued on from Benson's post

Blurb
My problem with WINZ is not about whether I am incapacitated and unable to work. Everybody agrees that I have no meaningful capacity to work as to achieve earnings. I even have to persuade doctors to put 2hours per day fragmented throughout the day on medical certificates. Coming from a self-employment business background I usually push myself beyond my limits as a matter of habitual work ethic. This of course is confusing the ACC and WINZ case managers (servants) who usually arrive for work late then runaway home before the home bell goes with no perception that they are stealing from their employer (those they serve).

What WINZ are doing is creating a pretending bureaucratic obstacle to deny my invalid benefit while at the same time knowing there is no obstacle in solidarity with the ACC allegations that the medical professionals are wrong and I can earn.

The ACC cancelled my claim because they thought I was working without describing what work, how much work and when this alleged work took place. I transferred immediately to an invalids benefit because WINZ had provided the manager of my company and were well aware that I was not working. This makes an impossible contradiction between WINZ and ACC. Now that the 1997 Review Hearing appeal at the district court is getting underway WINZ are trying to get me off the invalids benefit by any means possible including unlawful means.

Just because I help other fellow invalid is on this site, such as Benson, to the maximum of my residual capacity it does not mean that I have a capacity to return to my pre injury occupation or earn in any other occupation.

Please I need help and solidarity from those on this site to stand up to these bullies.
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#111 User is offline   Alan Thomas 

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Posted 19 April 2007 - 03:17 PM

Hardwired

It seems that the system has successfully demonised me in your eyes.

The situation is simple.
I am an invalid without capacity to earn.
I have paid my taxes.
I now need help as an invalid.

There are no other issues that prevent WINZ surrendering to me what is mine.

I am saddened and sick at heart that anybody may think the worse of me because I am having that crap kicked out of me. It is sad that my fellow invalids join in the kicking.
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#112 User is offline   Alan Thomas 

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Posted 19 April 2007 - 06:55 PM

Hardwired

The situation is extremely basic and straightforward.

The physical injuries are well documented and nobody disagrees that I cannot earn.

There are other certainly issues but those issues are irrelevant to an invalid benefit. I have the feeling that they are somehow holding my invalids benefit as a hostage but of course they would never admit that.

Large numbers of individuals and organisations have already tried to deal with WINZ. WINZ simply ignores them. Even senior business people had sat down with the regional commissioner and the regional commissioner lied and is now subject to a criminal prosecution. You think that I am set upon and processed by the Remote Client Unit because I am violent or is it because I have received about prosecuting the boss?

As far as the core invalids benefit they can be no argument, WINZ must pay immediately and continuously.

As far as disability allowance and special-purpose benefit this is subject to the medical professionals advising WINZ what is necessary. When the hospital writes in various other medical professionals right letters to WINZ stating that the matter is life and death one would not expect that the hospital would be ignored. We would not expect ACC to encourage WINZ not to pay injury related medical expenses because the ACC liability is currently before the court in the ACC does not want to become embarrassed by WINZ making payment. The fact is that is exactly what has happened as previously described in this section with the actual exhibits posted in this thread.


I think you have got the whole story back in front. It is WINZ that are creating other obstacles by operating various irrelevant agendas prior to surrendering my entitlements. The invalids benefit together with associated entitlements is a purely arithmetical situation and has nothing whatsoever to do with the jiggery pokery going on and on and on. It seems to me hardwired that you have fallen into the trap of thinking these servants need to be negotiated with. They don't. They just need to receive the right types of pieces of paper describing certain times of information and pay the money, nothing complicated about that.

Unfortunately some help agencies have wanted to generate false documents describing a greater entitlement so that they can have negotiating power with the expectation that I would get approximately the right amount after negotiations. This type of disgraceful so-called help makes me physically ill as I am a person of pure heart like most engineers who conducts life by way of measurement and logic.

Even if I was an unreasonable person, which would not be surprising given that I am a brain-damaged person with PTSD, I would still be deserving of my invalids benefit.

I am exceptionally reasonable.
They have got my money and I want it.
I also want them to be punished for keeping my money from me.
What on earth is unreasonable about that???

Perhaps you are of the school of thought that thinks I should not bite the hand that feeds me?
I am of the school of thought that thinks the servants (state servants) should serve and should not steel from their masters!

The whole purpose of this site is to work towards regaining control of the servants. I may be wrong, but I have always suspected I may be on the wrong planet!
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#113 User is offline   Alan Thomas 

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Posted 19 April 2007 - 08:06 PM

Hardwired

I thought you were familiar with this case???

ACC accuse me of working and WINZ accuse ACC of being wrong. ACC the makeup a criminal prosecution for fraud and WINZ disagree.

ACC having no information to describe end of incapacity get a junior WINZ staff member to sign an affidavit saying I am not entitled to a WINZ benefit as the only document in court to support the ACC allegation of "no entitlement", the basis of fraud. opps! Invalid benefit continues until the present after rigorous WINZ checking rendering the affidavit a false document used to pervert the course of justice. Affidavit not withdrawn by WINZ. opps again! Now we talking about perjury amongst the very large number of WINZ staff including senior staff.

WINZ staff face criminal prosecution for perjury and other crimes but cannot deny the medical facts that I am an invalid. Senior WINZ staff become involved and also face criminal prosecution. I'm talking about the court case got under way and not just some hypothetical situation.

ACC delay all forms of judicial remedy by withholding the particulars and material times of the alleged "working" and WINZ temporarily suspend my invalid benefits during the course of the appeal.

The wheel goes round and round, round and round, round and round, the wheel goes round and round, round and round, round and round.

Hardwired I thought you understood the meaning of the word corruption.

Despite all of the above I am an invalid entitled to an invalids benefit.
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#114 User is offline   fairgo 

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Posted 19 April 2007 - 09:51 PM

I might have missed the point on this but surely if the point is filling in the forms why not get in contact with a local volunteer group (even perhaps the blind foundation who do have people available to do just this) and ask to have someone write for you? Then a "mark" at the bottom is a valid signature.

Another thought is that if you are using voice activated software, (which I gather you are from the amount of writing you are able to do here and is an excellent tool BTW), why not do your own 'form' on the computer and attach that to the actual form.

Or have I completely missed the point?
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Posted 20 April 2007 - 10:57 AM

Girls and guys, fellow impaired persons, disregarding disabled persons,
(difference being we are only disabled by our perceived inability to do something and that everyone, and I mean everyone else is wrong).

Me I am not that disabled, I am impaired both physically and mental.

We all must see that , nothing and I mean nothing, we can do will make Alan change from his stance, of, "do it my way or not at all!!" "I will go begging before I will write on a piece of paper with my left hand, toes or whatever". "You give me what I demand or I simply will not use you".

Which says to me that Alan does not need WINZ or ACC to survive.

Well at least I must admit that is being very Independent and exactly what any government cherishes. So is Alan bowing to the state, I really do think he is, giving them what they want by his stance - one less beneficary!!

Thats it I am off again, to try to get some of my rights.

Cheers all impaired persons.
Mini
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#116 User is offline   Alan Thomas 

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Posted 20 April 2007 - 12:41 PM

No DRSL, Fairgo & mini

It would appear that none of you have been reading the postings and have become confused. WINZ already have previous years forms redated and re-signed. They also had gone on separate typed sheet of paper answers to each of the questions and have also had only recorded answerphone system answers to each of the questions which they produce into a transcription.

WINZ own Pathway manual, similar to the ACC INFORME program, instructs the staff to accept oral applications and written applications on the other pieces of paper. My invalids that this should provide me with this type of invalid access. Why am I being treated differently.

I'm certainly not going to demean myself by using my toes to write rather than using my disability equipment. Are you guys crazy???

We have judicial procedures to control out-of-control servants (state servants) the problem is the servants had not put forward my Benefit Review Committee hearing applications so as to prevent me from having a hearing.

I suspect the servants want me to be submissive. I tried that previously but it did not work as over the years I progressively ended up where I am now. Perhaps the servants would like me to "go postal" to use an American term.

I think the proper thing to do at this point looks like Judicial Review unless someone has a real functional idea rather than all of the ideas put forward at this stage which had already failed.
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#117 User is offline   Alan Thomas 

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Posted 20 April 2007 - 04:05 PM

Why have you not got a benifit of monatry value in any form .

Because WINZ will not accept the information that goes in the forms on a separate piece of paper or will accept the information orally on the answerphone they had indicated to me. The WINZ PATHWAY program requires them to do this but they (servants) want me to use handwriting on the forms despite my having a handwriting injury.

Remember that this annual form is just one of many forms and as I am being underpaid every other week they are receiving special-purpose grant applications, using voice software, of which they make decisions on.

I have no money coming in because WINZ will not accept my writing disability.

The suggestion that I should fill the forms out without a disability access is the same as suggesting denying a person in a wheelchair entry to the building. Obviously a person in a wheelchair can be carried in to a building but this would be wrong and against the principles of our civilised society.

I say again, I do not have a third party to help me.
I say again, all third parties have been ignored by WINZ, including the forms that they have filled out by hand for me.
I say again, I want WINZ to accept my disability and accept communications within the limitations of using my disability equipment.

You suggest that I have received some offers of help. Did I just blink. What offers of help? The last person has helped me fill out a form was **** ********** of all people who did his very best, bless him, but whom others have said he got it wrong. Even though he may have got it wrong WINZ had accepted the forms that he has filled out for the past three years, photo copied re-signed and redated!

''We cant solve problems by using the same kind of thinking we used when creating them'''
Who created these problems, me or them? I have been subservient for many years with the result that ultimately I end up with nothing. I now seek to solve the problem. I am trying to use some new thinking to seek resolution. I think that I need legal assistance.
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#118 User is offline   fairgo 

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Posted 20 April 2007 - 04:25 PM

sorry, I am obviously really thick.....why is it exactly that you can't use the voice activated software as a 'tool' for access in the same way as people in wheelchairs use ramps as 'tools' to access buildings??
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#119 User is offline   Alan Thomas 

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Posted 20 April 2007 - 04:36 PM

WINZ do not want me to provide the information on a separate piece of paper. They want the information on the forms that my disability equipment cannot do that. Somehow they think I can magically scan information onto the forms, whatever that means.

WINZ own manual instructs them to accept the information on a separate piece of paper like I have provided. The ombudsman supports this procedure. Yet WINZ reject what they have been given like the attached example it also has a date and signature. They have been invited to either staple it to one of their own forms will transfer the information onto the forms and send it back to me for a signature. They accepted this before but for some unknown reason I stopped.

Stopping the acceptance of this reasonable process that accommodates my invalid status is the issue at hand.

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#120 User is offline   Limoges 

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Posted 20 April 2007 - 04:37 PM

Alan,
It seems you are just hitting your head against a brick wall! If WINZ won't accept your voice software (and I know they should if you are unable to sign your name) or any representative's input, can't you just make a mark on their forms which constitutes your signature? There must be many very elderly people getting some sort of benefit who are also unable to actually sign their name. If you continue without your benefit, you are only hurting yourself..... I think it's time Alan to compromise as one other on the Forum said ...... the compromise being make the mark on their forms with your left hand or toes....if you have to.....for I think you have already proved to them and yourself, that you will only get hungrier and hungrier if this situation continues. Don't be 'bloody-minded' about this for a big outfit like WINZ will not change their 'set in the mind ways'.
Be gentle on yourself.....
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