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When should you bring in a Lawyer?? Is it too soon??

#1 User is offline   redsquare74ucys 

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  Posted 12 June 2008 - 10:13 PM

Checked out JM Law website and they say to get them involved at the point after a decision is made that you disagree with.

In my case there has been no decision for months. I had my final assessment on Fri 18 Jan, and rang them up on Mon 21 to ask if I could have another assessment. (During the first I went a little mental... and I'm not actually sure if I was making sense). It was suggested that I wait,.... and wait...... and now I'm still waiting. All they will tell me over the phone is that one report contridicts the other (huh? how can this happen when the second assessor has to take the first assessment into account?) and that a decision should be reached any day now. Last contact with ACC was Monday (it is Thursday night as I write this) and I asked if I could be sent the reason for delay via email. Nothing from ACC, not even a "we're in the process....". Zip. Nada.

Wouldn't be so bad if I could get treatment through ACC (what they offer directly contridicts my personal beliefs so at best it is insulting). Arggggh!!! **repeatedly thunks head on table**

Don't want to worsen my finances by going to see JML (my bank account is in such bad state I don't think it can handle a bus fare....and in any case I have soooo much trouble on public transport I don't think I could handle it either).
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#2 User is offline   Not Waddie 

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Posted 13 June 2008 - 02:21 AM

Lodge a complaint with ACC Complaints Unit, and also tell them you want a copy of the report. You could give it a week and if not happy then lodge a review application on the grounds of unreasonable delay in processing your claim and request an outcome that the Reviewer makes the decision on your entitlement.

Both actions may get ACC moving.
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#3 User is offline   MINI 

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Posted 13 June 2008 - 09:32 AM

Yep Waddie is right

A section 54 - Responsiblility of Corparation to make reasonable decisions in timely manner
and 134- who may apply for review (B) any delay in processing the claim for entitlement that the claimant believes is an unreasonable delay
Ask reviewer to make a decision under 145(3) (d)The reviewer must (d) direct the Corpoation to make a decision within a time frame specified by the reviewer if the Corporation has not made the decision in a timely manner as comtemplated by sections 54 and 134(1)(B) or
(e) make the decision for the Corporation if it has not made a decison in a timely manner as comtemplated by sections 54 and 134(1) (B)

Just seeing a Review application like this (or even just threatening to do it ) may get them to rattle their dags

Good Luck
Mini
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#4 User is offline   Not Waddie 

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Posted 13 June 2008 - 12:45 PM

 Not Waddie, on Jun 13 2008, 02:21 AM, said:

Lodge a complaint with ACC Complaints Unit, and also tell them you want a copy of the report. You could give it a week and if not happy then lodge a review application on the grounds of unreasonable delay in processing your claim and request an outcome that the Reviewer makes the decision on your entitlement.

Both actions may get ACC moving.


the necessary info and forms are here

http://www.acc.co.nz/claims-and-care/resol...ndex.htm?ref=11
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#5 User is offline   redsquare74ucys 

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  Posted 13 June 2008 - 12:57 PM

 Not Waddie, on Jun 13 2008, 12:45 PM, said:



Thanks Not Waddie... would have taken me a while to figure out where to go from here.
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#6 User is offline   Not Waddie 

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Posted 13 June 2008 - 01:19 PM

Its your right to complain. The complaints unit have a 'service recovery' section that attempts to resolve the issue inside 4 days, with the option of it becoming a formal complaint. If not resolved in the 4-day period, I suggest lodge a review application as per above.

that way, either ACC make a decision, or hopefully the reviewer will (that'll take a few weeks to get to hearing with a possible mediation offered before-hand).

Its not really too much drama and maybe a good way to direct some of the frustration in waiting around and not knowing whats happening.

Get the complaints people to get that report to you so you have some idea!!
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#7 User is offline   redsquare74ucys 

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  Posted 16 June 2008 - 11:27 PM

I posted both the privacy request and the complaint today. I think I might have even been coherant. *fingers crossed*
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#8 User is offline   MINI 

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Posted 17 June 2008 - 09:13 AM

Good on you!!

Stick it too them.

Once they know you know the law they will start to give you your rights.

Cheers
Mini
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#9 User is offline   redsquare74ucys 

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  Posted 17 June 2008 - 12:21 PM

Thanks Mini. That was hard to do (and all I needed to do was fill out the blanks on the forms and post them). Its the ongoing stress and not knowing what the hell ACC is deciding. Makes it seem suspicious.
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#10 User is offline   redsquare74ucys 

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Posted 17 July 2008 - 10:31 PM

After I laid the complaint I recieved calls from my CM telling me what was happening (not sure if this had nothing to do with the complaint) and then from someone in the complaints department.

I'm told that they sent the whole thing back to the GP (assessor) to include some events she missed out in the first report. This is a little concerning since it may indicate that she didn't read the report and take it into consideration. I'm worried they don't believe what I have told them or something and the more this drags the more I loose hope.
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#11 User is offline   Phoeniks 

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Posted 17 July 2008 - 10:37 PM

 redsquare74ucys, on Jun 12 2008, 10:13 PM, said:

Checked out JM Law website and they say to get them involved at the point after a decision is made that you disagree with.

In my case there has been no decision for months. I had my final assessment on Fri 18 Jan, and rang them up on Mon 21 to ask if I could have another assessment. (During the first I went a little mental... and I'm not actually sure if I was making sense). It was suggested that I wait,.... and wait...... and now I'm still waiting. All they will tell me over the phone is that one report contridicts the other (huh? how can this happen when the second assessor has to take the first assessment into account?) and that a decision should be reached any day now. Last contact with ACC was Monday (it is Thursday night as I write this) and I asked if I could be sent the reason for delay via email. Nothing from ACC, not even a "we're in the process....". Zip. Nada.

Wouldn't be so bad if I could get treatment through ACC (what they offer directly contridicts my personal beliefs so at best it is insulting). Arggggh!!! **repeatedly thunks head on table**

Don't want to worsen my finances by going to see JML (my bank account is in such bad state I don't think it can handle a bus fare....and in any case I have soooo much trouble on public transport I don't think I could handle it either).

JMLaw won my case for me against the odds. I didn't have to meet with him in person and I can't speak highly enough. I managed to get legal aid but guess this doesn't help you as they haven't made the decision yet?
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#12 User is offline   Phoeniks 

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Posted 17 July 2008 - 11:03 PM

 redsquare74ucys, on Jul 17 2008, 10:31 PM, said:

After I laid the complaint I recieved calls from my CM telling me what was happening (not sure if this had nothing to do with the complaint) and then from someone in the complaints department.

I'm told that they sent the whole thing back to the GP (assessor) to include some events she missed out in the first report. This is a little concerning since it may indicate that she didn't read the report and take it into consideration. I'm worried they don't believe what I have told them or something and the more this drags the more I loose hope.

redsquare it may be obvious (?) but make sure ACC put it all down in writing if poss. You may need to use it later on. If you are in Wellington I can give you name of my old GP who stuck with me for years against ACC. Like you I felt like nobody believed me and didn't really give a toss what happened to me or what state I was in. DON'T LOSE HOPE- IT WILL HAPPEN! Trust yourself and especially your gut instincts, and you are definitely NOT ALONE...
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#13 User is offline   doppelganger 

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Posted 18 July 2008 - 10:41 AM

if they have sent it back tothe GP (assessor) [is this your GP or is it an assessor with only a GP qualification]

your case manager will have written to the GP assessor to have some clarifications. If Complaints have made a decision and you think its wrong then review it but as the review is a dead end in having this sorted then do it on papers. Get a copy of the complaints file from complaints.

ask for the casemanagers report done by her/his senior. this will see if the case manager is being given incorrect information from a senior person.

Yes I'm out side the square but that is how we get change and entitlements.
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#14 User is offline   redsquare74ucys 

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Posted 18 July 2008 - 05:44 PM

Hi DG, and Phoeniks,

Got a phonecall today. They say I have been assessed at 20% (remember they assessed me at 56%, reduced that to 50%, and then deducted a further 30% for some reason). The good news it that part of it is over, the really bad news, and I don't mean to sound so ungrateful when I say this, is that I'm eligible for $260 per quarter for a while at least. I was expecting crappy but considering what I've been put through in retrospect I wish I didn't bother. My CM says the money will be in my bank account on Tuesday. Odd. I thought they had to wait until I signed something(?).

Thanks ACC! Now I feel totally devalued as a person.
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#15 User is offline   doppelganger 

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Posted 18 July 2008 - 05:55 PM

those deductions will be for non covered injuries and causing an incapacity.
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