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IRP's Conditional upon having Social or Vocational Rehabilitation?

#1 User is offline   jhansard 

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Posted 01 December 2010 - 06:16 AM

Was wondering if someone with more experience could help me out here as I'm scratching my head over what I'm being led to believe by the ACC Rotorua Branch in respect of Individual Rehabilitation Plans and Social Rehabilitation and/or Vocational Rehabilitation.

I've looked through the 2001 Act and its Schedules, and am at somewhat of a loss.


Basic Facts:
Injured in 2008. Non-earner at time of injury, and currently on Invalid's Benefit.

Crush injury to hands using a log splitter. Developed Chronic Pain/Complex Regional Pain Syndrome as a direct result of injury.

Injury and diagnosis accepted by ACC Rotorua Branch.

Have had two sets of requests for further assistance/rehabilitation from GP, and two assessments by Pain Specialist sent to ACC Rotorua Branch (2009 and 2010), as well providing further supporting evidence in the form of a daily twelve month Pain Diary.

Am currently awaiting response from ACC Rotorua Branch.


The Situation:
According to ACC Rotorua Branch the updating of an Individual Rehabilitation Plan is conditional upon a claimant currently being in receipt of Social Rehabilitation and/or Vocational Rehabilitation entitlements.

And according to their logic, I can't access further Social Rehabilitation and/or Vocational Rehabilitation or have the needs reassessed without having a current Individual Rehabilitation Plan.

ACC Rotorua Branch has applied this logic not only to the existing injury (Crush Injury/CRPS), but a recent back injury that occurred in September, 2010.

I haven't been assessed for anything by ACC Rotorua Branch for this new injury but a letter I received from ACC Rotorua Branch stated that because I wasn't in receipt of Social Rehabilitation and/or Vocational Rehabilitation that I wasn't entitled to an Individual Rehabilitation Plan (their wording, not mine).

I could not find any provision in the Act or its Schedules that stipulates that reassessment of Social Rehabilitation needs is conditional upon the claimant having an Individual Rehabilitation Plan.

Or that updating an Individual Rehabilitation Plan is conditional upon a claimant having current Vocational Rehabilitation and/or Social Rehabilitation entitlements.

There’s nothing specific in both respects under Section 117 of the 2001 Act - the power of the Corporation to suspend, cancel, or decline entitlements.

I’ve never received a written decision from ACC Rotorua Branch telling me that any access to entitlements, or requests for consideration of entitlements, have been declined under the 2001 Act.

When I asked my Case Manager what section of the 2001 Act the decisions regarding my Individual Rehabilitation Plan and Vocational and/or Social Rehabilitation was made on, I was directed to section 75.

I would appreciate some help with this as I'm going round in circles, despite both my GP and Pain Specialist supporting both the updating of the Individual Rehabilitation Plan and reassessment of Social Rehabilitation.

Thank you for your consideration.
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#2 User is offline   Bill Birch 

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Posted 01 December 2010 - 06:35 AM

You may be entitled to social rehabilitation, but vocational rehab is contingent upon being eligible for weekly compensation, so if you were not an earner then that would rule out of vocational rehab.
http://www.legislati...resel#DLM101432

You can request a social rehab needs assessment (key aspects are such things as home help, modification to home, transport for independence, or aids and appliances eg electric can/jar opener if you have difficultly with this.

Suggest you ask your GP to provide a letter supporting an assessment of your social rehab needs so ACC can determine what services you require - see section 77.
http://www.legislati...resel#DLM101421

If ACC decline to assess you then see a review of that decision (which includes an agreed or finalised IRP).

About the only other types of entitlements would be lump sum comp and treatment.
http://www.legislati...resel#DLM101404


You could try contacting Linkage Trust to help get the ball rolling.
http://www.acc.co.nz...tes/WIM2_065285
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#3 User is offline   jhansard 

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Posted 01 December 2010 - 06:48 AM

View PostBill Birch, on 01 December 2010 - 06:35 AM, said:

You may be entitled to social rehabilitation, but vocational rehab is contingent upon being eligible for weekly compensation, so if you were not an earner then that would rule out of vocational rehab.
http://www.legislati...resel#DLM101432

You can request a social rehab needs assessment (key aspects are such things as home help, modification to home, transport for independence, or aids and appliances eg electric can/jar opener if you have difficultly with this.

Suggest you ask your GP to provide a letter supporting an assessment of your social rehab needs so ACC can determine what services you require - see section 77.
http://www.legislati...resel#DLM101421

If ACC decline to assess you then see a review of that decision (which includes an agreed or finalised IRP).

About the only other types of entitlements would be lump sum comp and treatment.
http://www.legislati...resel#DLM101404


You could try contacting Linkage Trust to help get the ball rolling.
http://www.acc.co.nz...tes/WIM2_065285



Hi Bill,

Thank you for your feedback. Much appreicated.

I requested the Social Rehabilitation Needs Assessment, but been stonewalled on that despite GP and Pain Specialist support and my own evidence of ongoing pain (twelve month daily pain diary). Waiting for a decision now from ACC Rotorua Branch as I have submitted GP requests and Pain Specialist assessment completed in October and November, respectively.

Funnily enough, ACC Rotorua Branch tried to pull the wool over my eyes by declining entitlements using the Vocational Rehabilitation provisions of the 2001 Act.

I am receiving entitlements in the form of aids and appliances under the Social Rehabilitation provisions of the 2001 Act. ACC Rotorua Branch Medical Panel and my Case Manager decided to decline Occupational Therapist recommended aids and appliances using the Vocational Rehabilitation Provisions of the 2001 Act. I've asked ACC Rotorua Branch to explain that one.

The Office of the Complaints Investigator recently determined that ACC Rotorua Branch had failed to provide any Review Rights in respect of the decisions they made regarding my rehabilitation during 2009 and 2010. The Branch Manager was requested to apologize, address the breaches of the Claimants' Code and reissue a new decision that included Review Rights within 7 days. Still waiting for that one.
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#4 User is offline   Bill Birch 

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Posted 01 December 2010 - 09:02 AM

Vocational outcome from providing transport for independence isn't a relevant consideration if you are not entitled to weekly comp. These types of entitlement have to be considered in the context of a social rehab outcome. I suggest you study that p[art of the legislation, starting with this:
http://www.legislati...resel#DLM101423

Linkage may be able to assist, thats what they are being paid for.
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#5 User is offline   MINI 

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Posted 01 December 2010 - 09:10 AM

View Postjhansard, on 01 December 2010 - 06:48 AM, said:

Hi Bill,

Thank you for your feedback. Much appreicated.

I requested the Social Rehabilitation Needs Assessment, but been stonewalled on that despite GP and Pain Specialist support and my own evidence of ongoing pain (twelve month daily pain diary). Waiting for a decision now from ACC Rotorua Branch as I have submitted GP requests and Pain Specialist assessment completed in October and November, respectively.

Funnily enough, ACC Rotorua Branch tried to pull the wool over my eyes by declining entitlements using the Vocational Rehabilitation provisions of the 2001 Act.

I am receiving entitlements in the form of aids and appliances under the Social Rehabilitation provisions of the 2001 Act. ACC Rotorua Branch Medical Panel and my Case Manager decided to decline Occupational Therapist recommended aids and appliances using the Vocational Rehabilitation Provisions of the 2001 Act. I've asked ACC Rotorua Branch to explain that one.

The Office of the Complaints Investigator recently determined that ACC Rotorua Branch had failed to provide any Review Rights in respect of the decisions they made regarding my rehabilitation during 2009 and 2010. The Branch Manager was requested to apologize, address the breaches of the Claimants' Code and reissue a new decision that included Review Rights within 7 days. Still waiting for that one.


Gosh ACC have had to apoligise a lot lately.

I take it you have not had a independence allowance assessment. You should apply for one and see what they say about that. Once you have an assessment of % of whole person impairment you have more of a fighting chance of Social Rehabilitation.

Lets know how you get on and good luck
Mini
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#6 User is offline   Easyrider 

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Posted 01 December 2010 - 09:25 AM

If they require a rehab plan make one.

Involve your GP, write a rehab plan that lays out the rehab, and aids you need to return you to previous state of health.

Get your GP and other medical providers to sign plan. If ACC refuse plan take it to review.

Use the system to get what you need.
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#7 User is offline   jhansard 

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Posted 01 December 2010 - 10:26 AM

View PostBill Birch, on 01 December 2010 - 09:02 AM, said:

Vocational outcome from providing transport for independence isn't a relevant consideration if you are not entitled to weekly comp. These types of entitlement have to be considered in the context of a social rehab outcome. I suggest you study that p[art of the legislation, starting with this:
http://www.legislati...resel#DLM101423

Linkage may be able to assist, thats what they are being paid for.



Thanks Bill. I've read through the Individual Rehabilitation Plan, Social Rehabilitation and Vocational Rehabilitation provisions and relevant schedules in the 2001 Act.

As I don't qualify for Vocational Rehabilitation anyway, I never went down that route with ACC Rotorua Branch.

ACC Rotorua Branch seems deadset on ignoring sections 78, 79, 81 and 82 and clauses 12 to 13 of Schedule 1 in the 2001 Act despite the requests from GP, assessment findings of the Pain Specialist, and the evidence I provided.

I'll give Linkage a call this week and see what they say.

View PostMINI, on 01 December 2010 - 09:10 AM, said:

Gosh ACC have had to apoligise a lot lately.

I take it you have not had a independence allowance assessment. You should apply for one and see what they say about that. Once you have an assessment of % of whole person impairment you have more of a fighting chance of Social Rehabilitation.

Lets know how you get on and good luck
Mini



Hi Mini,

Thanks for the advice and feedback.

The Branch Manager had to apologize twice. Once for using inaccurate and misleading information about me (and made two apologies on that alone), and the second as stated above, an apology, explanation, and updated decision in respect of the decisions made by the Case Manager regarding my rehabilitation where I was not provided with any review rights on decisions undertaken in 2009 and 2010.

And yes, I should get onto the Independence Allowance Assessment.

Been tied up the past two years completing a Diploma in Creative Writing and putting together a Business Plan and Project Proposal. Applied for a Quick Response Grant from Creative New Zealand at the end of October. Went through the vetting process for a Business Mentor, got that approved by Te Puni Kokiri's Maori Business Facilitation Unit, and met with the Mentors for the first time yesterday. Instead of dwelling on the things I can't do due to Mental Illness, Severe Hearing Loss, and ongoing Chronic Pain/Complex Regional Pain Syndrome, I decided to have a go at creating my own opportunities for employment. Will be working towards applications for the Enterprise Allowance and SelfStart after the New Year, and preparing for the main Arts funding from Creative New Zealand next year, as well as the Digital Content Partnership Fund from New Zealand on Air.


View PostEasyrider, on 01 December 2010 - 09:25 AM, said:

If they require a rehab plan make one.

Involve your GP, write a rehab plan that lays out the rehab, and aids you need to return you to previous state of health.

Get your GP and other medical providers to sign plan. If ACC refuse plan take it to review.

Use the system to get what you need.



Thanks Easyrider,

Have been working on this as well, involved both the GP and Pain Specialist on this.

The Office of the Complaints Investigator upheld two complaints in October, and November respectively. One comment that I acted on was that the Complaints Investigator pointed out that ACC Human Resources dealt with the performance of employees of the Corporation when it came to potential breaches under the Code of Conduct of the Accident Compensation Corporation, and the Standards of Integrity and Conduct issued by the State Services Commissioner under Section 57 of the State Sector Act, 1988. I raised this very issues with ACC Human Resources and they are currently investigating my concerns. I don't know if this will make any difference, but it will be interesting to get the result finding back and see what ACC Human Resources has determined.
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#8 User is offline   BLURB 

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Posted 02 September 2011 - 12:03 AM

Was just reading this thread and wondered what the outcome was .... if any

Are you still with us JHansard? If so are you able to give an update?

Cheers
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#9 User is offline   jhansard 

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Posted 03 September 2011 - 11:53 AM

View PostBLURB, on 02 September 2011 - 12:03 AM, said:

Was just reading this thread and wondered what the outcome was .... if any

Are you still with us JHansard? If so are you able to give an update?

Cheers


I went to review earlier with year with four Review Applications. Won two, lost two. You can find about this here: http://accforum.org/...__1#entry113281 ;)
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