Costs
How much will representation at review cost you?
In all cases our initial consultation is free of charge.
The cost will vary depending on the circumstances of your case and the scope of work involved in it. We will be able to confirm the costs involved once we have provided your initial free of charge consultation.
You will not incur and costs until such time as those costs have been explained to you and agreed by you in writing.
WHY IS DECLINED ACC NO LONGER OFFERING A SERVICE AT NO DIRECT COST TO THE CLIENT?
Whilst previously it was possible for a number of years to provide services to clients with the costs limited only to those recoverable from ACC. Sadly, as of October 2012, it has been necessary to charge additional costs.
This is was a direct result of ACC increasingly taking a firmer stance in the review process. In particular, ACC nowadays consistently push in almost all cases to have the last word in the medical evidence which is presented to the reviewer at the hearing.
Previously, it was a simple matter of the treating specialist providing a report which addressed the correct legal tests and responded to ACC’s medical evidence that it relied on to make the decision to decline. The reviewer would then determine, in making their decision, which piece of medical evidence they preferred.
The current situation though is that once the treating specialist has provided their report, ACC pursue a further comment from their medical advisors which invariably supports ACC’s position and casts doubt on the treating specialist’s comment. In some cases this additional medical evidence from ACC can amount to hundreds of pages of both specific comments and generic research articles.
Declined ACC believes that natural justice requires the claimant to have the final right of reply in relation to the medical evidence. This means going back to the treating specialist once more for further comment. This process involves significant delays and often results in hearings being adjourned or adjourned part-heard. This significantly increases the work involved and the time taken to conclude the case.
Unfortunately there is no provision in the costs reclaimable from ACC for the extra work involved in cases being adjourned or adjourned part-heard.
The fact that cases takes longer to conclude (due to ACC consistently pursuing additional medical evidence) means that the turnover of cases is slower. This means that payments for costs reclaimed from ACC are slower in arriving, affecting profitability and cash flow, in addition to the many more hours of work involved.
It is therefore with regret that charges to clients over and above those which are reclaimed from ACC had to be introduced.
Declined ACC continues to provide excellent service and value for money. The service includes:
- thorough review of the entire ACC file including internal communications, telephone transcripts and claims history
- obtaining and reviewing files on any relevant previous covered injuries
- obtaining any necessary further specific medical evidence from the treating surgeon
- participating in pre-hearing case conferences
- dealing with additional evidence from ACC
- compiling a witness statement as necessary based on the detailed history taken from you
- compiling complex legal submissions for the hearing
- attendance by teleconference at the hearing
- dealing with post hearing matters to ensure that the reviewer’s directions are carried out