Total Declinature Of Claim / Alan Thomas Allegations of working while incapacitated
#701
Posted 18 December 2007 - 09:06 AM
Obviously I cannot afford the treatment including transport to and from treatment and therefore have not been treated. The failure to receive treatment may have given WINZ the impression that I do not need treatment. I have requested a Benefit Review Committee Hearing but year after year these requests are ignored. My case is with the Remote Client Unit which means they expect us to communicate in writing and/or leave messages on the answerphone. I have been trespassed because the ACC trespassed me. The problem is even though there is written responses no issue raised is ever actually answered.
Does anybody know how I may get sufficient funding in this circumstance as we have no legal representation or advocates in my area.
#702
Posted 18 December 2007 - 09:21 AM
#704
Posted 18 December 2007 - 12:39 PM
Alan Thomas, on Dec 18 2007, 10:21 AM, said:
Alan,
You seem to have exhausted the supply of helpers in your area, is there not a Citizen's Advice Bureau in your area with access the legal means?
Is there not a "Disabled transport" scheme in your area? like the disabled peoples Assembly as there is in other centres?
Others cannot make enquiries on your behalf as it would breach Privacy Protocols, and you would have to hand over full access and control and that wouldn't work for you.
You are between a rock and a hard place in that in order to gain some leverage or "traction" as you put it, you have to lower the barrier a bit and allow the help with no pre-conceived or pre-stated conditions, which you find impossible to do.
What are we to do when you make it hard for people to help you, when you ask all the questions but shut off the answer.
I know we have crossed swords, but it would be good if we can end the year with you getting some help, but it will take a sideways shift on your part as well.
Every good thing comes with a price tag, yours is to open up, start trusting someone, give them details so the problem can be fixed, and let ownership go to the person who can fix the problem.
Alan. you need to find just one person you trust completely to go over your affairs and help you as you have fought for to long to no avail or advantage.
This is offered in good spirit and not condemnation, so please don't shoot the messenger. If I offend, I'm sorry I don't want to fight.
#705
Posted 18 December 2007 - 12:41 PM
Flowers for me there can be no break as this creates even greater problems. In fact my circumstance is extremely urgent before the so-called Christmas shutdown. The forms I have a need to be filled out with a deadline of 28 December 2007 so I urgently need to know how to apply for invalid funding for prescribed treatment and related costs in an environment where they are only wanting proof that I had actually paid for these costs.
The situation is simple.
I am an invalid the entitlement to an invalids benefit and ACC Invalid related cost liability.
I have invalid related medically prescribed costs that I cannot afford.
WINZ want proof of purchase at costs I cannot afford.
WINZ look at my previous year's expenditure to decide next year's liability.
Progressively each year I am receiving less.
Members of the site have communicated on my behalf with the result that WINZ ultimately ignore them.
I am being treated like I am and not entitled to the invalids benefit.
I am seeking help in real terms and do not need criticism as I am in a state of extreme despair and at my wits end.
#706
Posted 18 December 2007 - 12:54 PM
Beneficiaries Advocacy & Information Service
Providing advice, information and advocacy about WINZ benefit entitlements, benefit applications, review of decisions, Complaints, Sup...
Phone (09) 444 9543. Fax (09) 444 5024.
Address Glenfield Community Centre, Corner Bentley Avenue & Glenfield Road, GLENFIELD
District North Shore (Waitemata)
Combined Beneficiaries Union
Provides advocacy and support services for those on benefits, ACC and low income. Advocates take cases through the Review and Appeal C...
Grey Power North Shore
An advocacy / lobbying group in the interests of senior citizens and the over 50's. Dedicated to the welfare, interests and concerns of...
Phone (09) 473 8334.
Citizens Advice Bureaux
A free, impartial and confidential service of information, guidance and support. We help put you in touch with services you need, help ...
Phone (09) 480 2971.
Address Northcote Citizens Centre, Ernie Mays Street, NORTHCOTE
Town/Suburb Northcote
District North Shore (Waitemata)
Email Website
Phone 0800 FOR CAB; & (09) 444 9451. Fax (09) 443 0723.
Address Library Building, 90 Bentley Avenue, GLENFIELD
Town/Suburb Glenfield
District North Shore (Waitemata)
Phone 0800 FOR CAB; & (09) 418 0032. Fax (09) 418 1232.
Address 33-35 Rawene Road, BIRKENHEAD
Town/Suburb Birkenhead
District North Shore (Waitemata)
Phone 0800 FOR CAB; & (09) 479 2222. Fax (09) 476 5390.
Address 2 Glen Road, BROWNS BAY
Town/Suburb Browns Bay
District North Shore (Waitemata)
Phone 0800 FOR CAB; & (09) 423 7333. Fax (09) 423 7333.
Address Community Centre, 1 Matheson Road, WELLSFORD
Town/Suburb Wellsford
District Rodney (Waitemata)
Phone 0800 FOR CAB; & (09) 420 7162. Fax (09) 420 7605.
Address 23 Commercial Road, HELENSVILLE
Town/Suburb Helensville
District Rodney (Waitemata)
Phone 0800 FOR CAB; & (09) 486 3139. Fax (09) 486 3140.
Address 7 The Strand, (Adjacent to Takapuna Public Library), TAKAPUNA
Town/Suburb Takapuna
District North Shore (Waitemata)
Phone 0800 FOR CAB; & (09)426 5338. Fax (09) 426 4133.
Address Orewa Square, OREWA
Town/Suburb Orewa
District Rodney (Waitemata)
#707
Posted 18 December 2007 - 01:02 PM
9 months ago you were bleating on about the same issue, and pleading for help on the forum. As I have been successful at BRC hearings in the past in obtaining medical costs I agreed at the time to help you prepare this so it could go to a hearing. After much difficulty and obviscation by you, I finally obtained the facts in relation relation to your situation. To put it simply - you were not entitled to the benefits you were seeking then - and are attempting to seek now.
Secondly, you are not entitled to a Benefit Review Committee hearing unless it is in relation to a reviewable decision on a benefit you receive - same as an ACC review hearing. Being such a "know it all" you would already have known this, so why do you seek to be a vexatious litigant by attempting to apply for these hearings?
Furthermore, it is fraudulent to apply for benefits to which you are not entitled. But that is the game you play - isn't it? Perhaps this is the reason you have been assigned to the Remote Claims Unit.
Have a miserable Christmas.
#708
Posted 18 December 2007 - 02:03 PM
Alan Thomas, on Dec 18 2007, 01:41 PM, said:
Flowers for me there can be no break as this creates even greater problems. In fact my circumstance is extremely urgent before the so-called Christmas shutdown. The forms I have a need to be filled out with a deadline of 28 December 2007 so I urgently need to know how to apply for invalid funding for prescribed treatment and related costs in an environment where they are only wanting proof that I had actually paid for these costs.
The situation is simple.
I am an invalid the entitlement to an invalids benefit and ACC Invalid related cost liability.
I have invalid related medically prescribed costs that I cannot afford.
WINZ want proof of purchase at costs I cannot afford.
WINZ look at my previous year's expenditure to decide next year's liability.
Progressively each year I am receiving less.
Members of the site have communicated on my behalf with the result that WINZ ultimately ignore them.
I am being treated like I am and not entitled to the invalids benefit.
I am seeking help in real terms and do not need criticism as I am in a state of extreme despair and at my wits end.
Alan,
Is there nobody you can turn to, has it got that far out of kilter that you think no-one cares?
Llook at the help above.
Forget about the "I am an invalid the entitlement to an invalids benefit and ACC Invalid related cost liability.
I have invalid related medically prescribed costs that I cannot afford.
WINZ want proof of purchase at costs I cannot afford.
WINZ look at my previous year's expenditure to decide next year's liability.
Progressively each year I am receiving less."
and focus only on getting help, the helper's may focus in on the need, go on pick up the 'phone and call someone you trust and ask for help.
You have tio throw caution to the wind, be upfront and open to suggestion and be prepared to try the solution, I'm afraid that's the hard part, i's all up to you as we can't do that for you.
#709
Posted 18 December 2007 - 02:24 PM
This difficulty getting entitlements started with the ACC informing WINZ that they thought I was a successful businessman whom they intended to prosecute with the result that front-line WINZ staff refused to provide any entitlements. Fortunately my company and circumstance was already well known to WINZ and my invalids benefit was put in place by senior management in opposition to the front-line staff.
Surprisingly front-line staff disobey senior management and continued to seek every way imaginable to reduce entitlements. This was finally resolved by senior WINZ management again with the result I was getting $403 per week so as I could afford the medical treatment and related costs.
Surprisingly front-line staff continued to disregard senior management. Essentially the plan was to not pay so I would not be able to have medical expenses so then they could rely upon actual expenses and make the calculations based on that with what they termed would progressively wind my entitlements down.
As many of you will be aware I received no entitlements from early 2000-early 2001 which gave WINZ an opportunity for a fresh start. It took two years and many letters from the hospital before either WINZ or ACC would fund their liabilities and even then it was begrudgingly. My WINZ invalid benefit went from $79 up to $374 but this time required significantly more including transport to the hospital twice per week by taxi which the hospital paid in the interim but insisted that WINZ should pay until such time as ACC acknowledge their liability. Once ACC did acknowledge their liability I was handed over from the hospital to the ACC is clear with the result that treatment quickly stopped through lack of transport.
I am now receiving $312. Rent, power and phone is ~$265. My rent will be going up by $38 month. As ACC and WINZ insists everything is in writing which requires disability writing equipment which has expendables in the form of paper and Toner. Social welfare originally supplied a computer that it has long since been replaced with a loaner. My one luxury is the internet of which if I was without it I would not have any possibility of appealing the 1997 ACC decision.
I am now going through Benefit Review Committee Hearing applications and ACC Review Hearings seeking payment and reimbursement for medical cartons without success. This means the prescribed treatment for my injuries has either been self-funded or simply not occurring. Because of the high cost of transporting to and from the hospital I have been unable to afford the doctor.
I have a legitimate expectation that WINZ & ACC fully fund the cost of my injuries but I would be content with the basics and sufficient for ordinary items that other people would consider a minimum standard without having to rely upon charity as that ultimately will erode friendships and relationships.
Last year WINZ suspended my invalids benefit for if you months because they would not accept the same information they have received the previous year. They expected that because I could not possibly afford what I had claimed there was no possibility I could produce receipts for what I was claiming and they continued to refuse to accept the quotations.
The core issue is;
As I am unable to afford to fund essential invalid costs in order to produce receipts,
how can WINZ process the annual review if continued to refuse quotations?
please do not answer this question unless it is an answer to the question.
If the answer is not known please please please somebody find out for me. The Privacy Act does not present an obstacle as the same information applies to all invalids.
#710
Posted 18 December 2007 - 02:47 PM
My question is very simple
How can WINZ process the Annual Review if they continue to refuse quotations?
#711
Posted 18 December 2007 - 05:54 PM
The question is not about reimbursement of getting WINZ to agree to fund the costs that have been quoted as necessary relevant to my invalid status of which I am receiving and invalid benefit.
The issue centres around their duties to act upon "quotations" produced by medical providers the state that the costs for the medical needs relevant to the invalid status. WINZ are choosing to ignore the quotations and I do not know what to do about it. Hardwired wish to capitulate to a negotiated conclusion trying to get a return on the dollar of the expenditure of which I was able to obtain receipts. I did this by borrowing money but mostly the receipts were ignored. You might recall the days **** ********** and his wife being flown to Auckland to photocopy all of the receipts, quotations and fill out my review forms. They ignored him as well.
The unusual thing is the regional manager took in a totally different viewpoint 1999 stating that the front-line staff were doing it all wrong. The notes show that front-line staff conspired to disobey him and do it their own way which included ignoring information given.
Hardwired I certainly did not want or need a negotiator. My expectation is that medical facts and quotations submitted to the WINZ administration and they do the calculations so as I receive sufficient funds to meet those projected costs. From time to time it might be appropriate that they do a check up to ensure that I have not gone to the casino instead by looking at the receipts to make sure that I have enjoyed the benefit of that funding. It is not more complicated than that.
Naturally as I am a grown up wishing to control my own destiny I would prefer to speak on my own behalf which means it is not unreasonable that I have the information used as the basis for excluding me from their premises and having the need of a spokesperson (as opposed to a negotiator).
When we rely upon medical professionals and the reports that in turn led to a need for prescribed treatment with that subsequent funding it is quite impossible for anybody to anyone to con any one about anything and even if this were possible how earth could I possibly benefit when the only possible benefit is the funding of treatment. It is not as if the treatment is something that would be enjoyable or recreational.
I note with interest that you infer that I had not applied for entitlements in the proper manner. That is exactly my point I am asking what is the proper manner to acquire funding to pay treatment which has been quoted. Perhaps you do not know this answer as it would be inhumane for you to withhold such information if you knew it. That is okay nobody knows everything.
#712
Posted 18 December 2007 - 06:52 PM
As I understand it, from documents I have seen earlier this year, Mr Thomas gets an Invalids benefit and an Acomodation Allowance. Contrary to the title of this thread, Mr Thomas has cover for the medical costs for his wrist injury, and the cost of his tramol is paid by ACC (see his blogs on this thread around April)
Because the reason Mr Thomas receives an Invalids benefit for his wrist injury, for which medical costs are covered by ACC, he has no entitlement to a disability allowance from WINZ. The legislation must be applied to Mr Thomas the same as for anyone else. Taxis to the hospital and one off consultations or treatments are not covered by the Disability allowance anyway.
Incidentally - Mr Thomas's situation of having cover for his medical costs but no entitlement to ERC for his wrist injury, coincides with the "opinion" based on the relevant legislation posted previously by Doppleganger, as Mr Thomas was not working at the time of his wrist injury, as is shown by his tax return to IRD for this period.
So what is Thomas winging about? - he appears to be getting his full entitlements from WINZ and ACC.
No double there will be a long blog from Mr Thomas to follow, but the reality of the situation is Mr Thomas is committing fraud by trying to obtain benefits from WINZ to which he is not entitled. Mr Thomas needs to learn to live on his benefit like many of us are force too.
#713
Posted 18 December 2007 - 10:47 PM
The health sector has changed over the past fews years.
I was thinking along the lines of whether Alan was elegible for a high user health card. but given the incredibly high surcharges most Auckland Dr's feel obliged to charge, visiting his gp 10 times in a year in order to qualify is probably un-affordable.
However I was checking to see what the requirements were to be eligable for a high user health card only to find the concept has been replaced.
Quote
Care Plus was piloted in three PHOs during 2003/04 - HealthWEST PHO in West Auckland (Waitemata DHB); Tihewa Mauriora PHO in Kaikohe (Northland DHB); Canterbury Community PHO (Canterbury DHB). The programme was rolled out nationally on 1 July 2004.
http://www.moh.govt.nz/moh.nsf/indexmh/phc...careplusservice
Well who knows it may be an avenue well worth exploring by anybody in a similar position in order too receive additional services and treatment.
#714
Posted 18 December 2007 - 11:35 PM
Also if you are in your 50s now, dont expect to get NZ Super when you are 65, they are soon moving the entitlement age to 70, and lowering the pay to 40% of the average wage.
Remember "Tax Cuts" = More health cuts, education cuts, welfare cuts, and if a national govt gets in in 2008 this will be a reality, think about it and spread the word.
I`m afraid we injured and sick will just have to keep fighting for what little rights we have, and its going to get harder, the idea is to stress us out so much that we die prematurely, this puts a smile on the "powers that be" s faces.
Im seldom wrong
#715
Posted 19 December 2007 - 11:36 AM
As my injury caused by bankruptcy I was provided with a new IRD number. Because the ACC did not ask for earnings information and did not know of the bankruptcy they only looked at one IRD number which only showed post injury and post bankruptcy earnings.
Spacecadet just because you are confused it does not make me dishonest but it might make you qualified to work for ACC & WINZ.
Freefallnz I do qualify for the higher use assistance but I still cannot afford for the smaller portion to be paid from the invalid benefit. Even if treatment is free I still cannot afford to get there. WINZ have calculated $2 per week for medical transportation based on the kilometres between my home and my doctor and a number of doctors visits that actually took place the previous year. Generally they do not provide Special Needs Grants but whenever they do they make me repay it out in the future invalids benefits which of course compounds the problem. At the moment I think I am paying $50 per week on repayments.
I looked at the site you suggested that could not glean any actual information from the site so I rang up about Care Plus worked my way through their systems into spoke to someone who knew more than what was written on brochures and they also did not know anything about it but suggested I speak to my doctor even though it was established that my doctor already had these things progressed as far as it was possible. Basically it was confirmed that there are cracks in the system to which there is no rescue. The bureaucrats have taken over and reduce liabilities by widening cracks.
ACCvictim through the 1980s the ACC was overspending and all on the wrong areas. Bill Birch try to address these issues by introducing compulsory measures for the ACC with such things as Case Management and an absolute requirement to fund rehabilitation. Unfortunately it was a little bit like trying to tell cats or monkeys what to do. ACC were willfully disobedient and created an even bigger mess whereby further legislation tried to tidy up matters in 1998. Bill Birch believes that you can never get state servants to do as they are told and promoted privatisation but ACC staff still had effective control and said about to destroy rather than surrender.
ACC being nationalised again by the Labour Party took advantage of the situation whereby invalids had further rights removed from them further lowering their citizenship status causing even more deterioration for the well-being of those who have been injured.
We have large volumes of ACC claimants who had an accident insurance policy known being funded by the taxpayer. This would not have happened if ACC was privatised as there would be public outrage. Privately owned insurance companies simply could not produce false documents to transfer liabilities like the ACC had done as they would be large numbers of people in jail. Personally I cannot see the difference between a private employee committing fraud and a state servant committing fraud as fraud as fraud.
The Labour government has won previous elections by promising better healthcare and suchlike but instead healthcare has substantially diminished with that money being redirected towards a lolly scramble for the voters.
It is one thing to legislate away entitlements it is quite another thing to produce false documents.
There is only a limited amount of fight an incapacitated person has and it is a known fact that an incapacitated person does fight beyond their capacity their capacity to fight will be diminished and their activities will be counted against them as evidence that they are not incapacitated. A no-win situation.
Society as a whole in particular those who represent a society as government appeared to be quite content that injured persons died prematurely while those who cause the injury are rewarded with political correctness.
I feel that a second-class citizenship circumstance should be an issue addressed to the United Nations as we are being systematically deprived of a full life and if it is established that they do died prematurely because of the so-called social contract called ACC had replaced our rights then the proper name for a circumstance is genocide. The problem is bureaucracy has infected the United Nations.
Perhaps we should adopt a more popular mechanism of response.
#716
Posted 19 December 2007 - 01:12 PM
My posting wasn't for you benefit - but to warn readers of the forum of what you are up to, so they don't become involved in your criminal activity.
I am also not confused as I have had success on this issue at the BRC, and have a WINZ Operations manual for reference. Your only achievement has been imprisonment for fraud, and to be exiled to the Remote Claims Unit.
#717
Posted 19 December 2007 - 01:16 PM
#718
Posted 19 December 2007 - 01:22 PM
So i ask you is ACC paying you to do this.
And ask all involved think carefully before tapping the keyboard.
#719
Posted 19 December 2007 - 02:50 PM
It is not mud slinging. The fact that Mr. Thomas has multiple fraud convictions for claiming benefits to which he was not entitled is a matter of public record and is directly related to this issue; whereby he is attempting to recruit others in his endeavours to obtain benefits from WINZ to which he is not entitled.
In March of this year I got sucked in to help Mr Thomas in trying to obtain these benefits. When I discovered the facts of the situation by viewing documentation, I dropped it like a hot potatoe. I made the posting as a warning to others, as they could very easily end up being charged with aiding and abetting fraud.[see post on advocate charged]
Mr Thomas is stooping really low on this one.
#720
Posted 19 December 2007 - 04:17 PM
Admin still hasn't removed me as a member dispite my 3rd request.