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INDIVIDUAL REHABILITATION PLAN Advice Wanted - IRP Goal/Outcome

#21 User is offline   doppelganger 

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Posted 15 July 2009 - 12:50 PM

I agree gloria and it has to be used correctly.

some people are so scared of trying to obtain Vocational Rehabilitation that it is impossible for them to obtain the rehabilitation.

As I said It comes down to the medical certificate and does it provide the correct information. dection stated that the medical certificate should give the Corporation enough information so that the provision of appropriate rehabilitation and treatment is given

I'm reading my latest certificate and no were does it tell the ACC that they should be looking at rehabilitation into other work. last year I tried to have the certificates changed through COGS and they are still the same.
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#22 User is offline   fairgo 

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Posted 15 July 2009 - 09:40 PM

OK I'm going to wade in here.... IRPs are THE founding document for entitlement IMHO. If you want voc rehab, home help etc etc etc THIS is the place to get it recorded. HOWEVER in my own personal experience I have never been able to get ACC to SIGN and IRP which I have tried to discuss and negotiate with them. I had one in 2004 (labelled a draft by ACC) which I wrote on and returned.....it was never signed off by ACC. I was called to a meeting to discuss an IRP recently and the details of what occured at that meeting are recorded elsewhere on this site so i won't bore you guys with that whole fiasco again but suffice to say the IRP didn't eventuate from any 'discussion' or 'negotiation' with my case manager. The biggest farce in my opinion is the name "MY PLAN" - Gloria the form you have linked to above is not the current format. There are two 91a and 91b - My Plan for getting back to an everyday life. 91a is the form used for people who receive weekly comp and clearly has 1. My back to work goal 2. Details of my plan etc
91b is used for people who don't receive weekly comp and has 1. my back to community and family life goal 2. details of my plan etc

Obviously the GOAL for anyone who receives weekly comp is 'BACK TO WORK' -

I agree people should try and negotiate to receive the most appropriate assistance but in the current climate and knowing ACC's intention for ALL long term weekly comp clients - back to work or 'independence' you would be well advised to be very very sure of what you are negotiating.

I'll just leave you with this little gem which has been taken directly from a decision of a complaints investigator...... make up your own minds about who is really in charge of "MY PLAN".

The case manager advised that a prepared draft IRP was not taken to the meeting as the case manager wanted to prepare the plan electronically with your input during the
meeting. She had looked at the previous IRP but considered the contents not relevant for inclusion in an updated IRP. She had also noted it was a draft version and it had been drawn up five years ago.

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#23 User is offline   Noddy 

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Posted 15 July 2009 - 10:19 PM

Too right Fairgo!

I tried to get what I wanted in terms of social and vocational rehab on MY plan - nothing accepted by ACC - and they were ALL reasonable. They wouldn't even let me add a Comprehensive Needs Assessment to my IRP. I have that decision in writing... It was all what the CM wanted.

My Plan my arse!
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#24 User is offline   i love chocolate 

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  Posted 15 July 2009 - 10:54 PM

View PostNoDrsl, on Jul 15 2009, 10:39 PM, said:

Poor productivity most serious economic problem
Are the above issues clear evidence of poor productivity being most serious economic problem?



Yes.

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#25 User is offline   rivercity 

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Posted 16 July 2009 - 12:30 AM

View PostFighter for Justice, on Jul 12 2009, 10:56 AM, said:

ACC drafted my IRP with the Goal of: "Return to Work OR Work Ready" - despite two Medical Reports stating I am not fit for 35 hours per week work.
Is the WEIR CASE still the Authority on IRP Outcomes/Goals or not?
Are there any other leading Cases on IRP's + Outcomes/Goals.
I am reviewing my Deemed IRP myself and would appreciate any advice!

I too am not siging my rehab plan that has been written up with no input into it myself, I will fight to the end, I am in Wanganui anyone else having problems with the wanganui office???Just dont give up, they need to respect your rights and if they breach them like they have done on a continued basis then someones going to be accountable, namely Heather williams ann morgan from wanganui. dont let them bully you??? :o :o :blink:
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#26 User is offline   magnacarta 

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Posted 16 July 2009 - 07:50 AM

The MY PLAN documents (amongst other things) do not comply with s.77 of the Act because an Individual Rehabilitation Plan must identify the claimant's needs for rehabilitation and identify the assessments to be done.

This has been raised at COG with seemingly no effect whatsoever because the ACC juggernaut just simply continues.

It is worth noting, however, that in a Further Minute and Directions in Millar v ACC CIV-2008-485-857 dated 1 April 2009, High Court Wellington, Justice Wild posed the question and said at [34] [35] and [36]:

"If an individual rehabilitation plan fails to address the claimant's rehabilitation needs does this compromise the integrity of the vocational independence medical assessment and the the vocational independence determination which flows from that plan?

The answer to this is surely "yes"

"If the individual rehabilitation plan at the root of the whole process is flawed, then there is no likelihood that these purposes can be achieved."

"If the claimant's rehabilitation needs have been lost sight of, then this purpose cannot be achieved."
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#27 User is offline   TREASON? 

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Posted 16 July 2009 - 10:11 AM

View PostMINI, on Jul 14 2009, 06:09 PM, said:

Gloria

I agree it is a working tool that if used correctly it will bring out all the reason why and why not!!

etc etc

Treason should get that book by Hazle Armstrong and Rob Laurs, "Votcation Independence: outcomes for ACC Claimants".

This points out clearly that if you let the RPI go through the IOA and IMA without stopping it going onto Voc Rehab, then you are just about done for. So get stuck in Treason and obtain some insight by reading this book.



Mini... i havnt made any comment on this item... so i presume you have the wrong name here? I am aware of Hazel Armstrong and her her earlier years as well as her later problems with ACC.

Cheers

Frank
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#28 User is offline   Sparrow 

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Posted 16 July 2009 - 11:13 AM

Exactly, MAgna, good one.

If anyone has their plan returned with CM not approving the alterations what do you then do??
Send it back with the above sections of legislation quoted?
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#29 User is offline   Easyrider 

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Posted 16 July 2009 - 11:27 AM

View Postrivercity, on Jul 16 2009, 12:30 AM, said:

I too am not siging my rehab plan that has been written up with no input into it myself, I will fight to the end, I am in Wanganui anyone else having problems with the wanganui office???Just dont give up, they need to respect your rights and if they breach them like they have done on a continued basis then someones going to be accountable, namely Heather williams ann morgan from wanganui. dont let them bully you??? :o :o :blink:



If you do not sign the rehab plan they will just deam in.

Rewrite the rehab plan in conjunction with your GP.

Then send back to ACC. If the plan is feasibile, and well written it should be accepted.

If not accepted take to review, but make sure the plan has substance.
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#30 User is offline   doppelganger 

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Posted 16 July 2009 - 03:07 PM

as far as Vocational Rehabilitation is concerned the only two goals should be

80 Purpose of vocational rehabilitation
(1) The purpose of vocational rehabilitation is to help a claimant to, as appropriate,
(a) maintain employment; or
(B) obtain employment;

its not back to work or ready for work. this is not an option. legislation requirement.
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#31 User is offline   MINI 

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  Posted 16 July 2009 - 04:31 PM

View PostTREASON?, on Jul 16 2009, 10:11 AM, said:

Mini... i havnt made any comment on this item... so i presume you have the wrong name here? I am aware of Hazel Armstrong and her her earlier years as well as her later problems with ACC.

Cheers

Frank


Whoops e daisy!!

It was Fighter for justice I was refering too.

Soooo Sorry!!

Big BooBoo!!!

Mini
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#32 User is offline   Easyrider 

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Posted 16 July 2009 - 04:58 PM

http://www.hazelarmstronglaw.co.nz/reports...ndependence.pdf
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#33 User is offline   Fighter for Justice 

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Posted 18 July 2009 - 08:05 AM

THANKS for all the Advice. I will now attempt to get my case ready for review later this week. Have flu symptoms at present!. Thanks Fighter for Justice.
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#34 User is offline   doppelganger 

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Posted 18 July 2009 - 03:34 PM

This might give some help.
http://www.nzlii.org/cgi-bin/sinodisp/nz/c...mary%20decision
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#35 User is offline   hukildaspida 

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Posted 26 September 2012 - 09:28 PM

Thanks, this is worth reading

Hazel Armstrong Law Vocational Independence Report - February 2007
http://www.hazelarms...ndependence.pdf

Vocational Independence:
outcomes for ACC claimants
A follow up study of 160 claimants who have been deemed vocationally independent by ACC and case law analysis of the vocational independence process.
Commissioned by the Department of Labour
Hazel Armstrong and Rob Laurs
Wellington, New Zealand
February 2007

View PostEasyrider, on 16 July 2009 - 04:58 PM, said:


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