Frequently Asked Questions
Do you as the claimant have to use an advocate?
No. There is no need for you to have an advocate. However by instructing Declined ACC we believe you give yourself the best chance of your review being successful. This is through Declined ACC being aware of the process, the case law and ensuring that your case is presented as well as it can be.
Do you as the claimant have to attend the review hearing?
No. No one can make you attend the review hearing. Declined ACC can make legal argument and present a witness statement in support of your case. However, often Declined ACC will recommend that clients attend the review hearing, either in person, via telephone or video conference.
Where will the review hearing take place?
The review hearing will usually take place at the most convenient FairWay/ICRA hearing location for you. Increasingly however, hearings take place via teleconference or video conference.
What will Declined ACC do to help you before the hearing?
Declined ACC will prepare your case fully and properly. This may involve obtaining further medical evidence, negotiating with ACC, participating in mediation, liaising with FairWay/ICRA and writing both an evidential statement for you and legal submissions. Ultimately everything is done to ensure that your case is advanced in the best possible way.
What will your Advocate do at the hearing?
With the permission of the reviewer your advocate will introduce your evidence. This will be in the form of the statement drafted on your behalf. We will make legal arguments which will follow the written legal submissions prepared in advance of the hearing. We will also respond to ACC submissions and deal with any other matters.
How can you represent me when we are based in different parts of the country?
Declined ACC represents clients throughout New Zealand. With modern communications it is not necessary for us to meet up. Declined ACC’s business is conducted through email. For efficiency, your advocate attends the hearing by telephone, as do, in most cases, the ACC representative. It is likely therefore that if you attended a hearing in person, you will be the only person physically at the review with the reviewer. You may take a friend or relative along with you for support if you wish.
Who is the reviewer?
The reviewer is an employee or contractor for FairWay or ICRA. He or she will have been appointed under Part 5 of the Accident Compensation Act 2001. Reviewers have a duty to Act independently under section 138 of that Act. Most reviewers are legally qualified or have significant experience in this area of the law.
How much will Declined ACC charge you?
This will depend on the nature of your case. In all instances, our initial consultation is free of charge – from there we can advise on costs. Please contact us for details of costs specific to your case. All costs are agreed up front prior to work being undertaken.
How long does the process take?
The time the process takes can vary. Once an application for a review has been filed the reviewer controls the process. The reviewer has an obligation under the Act to adopt an investigative approach and to conduct the review in a timely and informal manner.
The reviewer must set a hearing date within 3 months of the review application being lodged. The case need not be heard within that first 3 months, but a date must be set within that period.
A claimant can agree to waive that time limit and there are circumstances where it is advisable to do this, for example if further medical evidence is needed.
After the review hearing has concluded the reviewer has a statutory obligation to provide their decision within 28 days.
There is no precise answer therefore as to how long the process takes.
Declined ACC does everything possible to ensure that your case is prepared as fully and promptly as possible.
The actual hearing itself is usually scheduled for 1 hour.
Will you get further evidence from my treatment provider?
Normally in most cases it is recommended to obtain further evidence from your treating specialist or treatment provider. Declined ACC believes that their evidence is pivotal in determining declined treatment cases.
Your treatment provider may charge a fee for providing a further report. Although you would be responsible for that fee initially Declined ACC would seek to recover this from ACC. The amount the reviewer can award for such fees is limited to $1090.84 which usually covers the cost of the report. Declined ACC would not request a report from your treatment provider without obtaining your prior approval and checking the likely cost falls within the recoverable amount. It is usual practice to request that the treating surgeon defers payment of their report fee until the time of the hearing. This means that you as the client are not out of pocket in the meantime.
To attend the hearing you may lose earnings and incur travel costs. Can you reclaim these?
The reviewer is able to make an award for lost earnings or travel expenses in attending the hearing. This is usually asked for at the end of the hearing. These expenses are capped and are at the reviewer’s discretion.
What happens if the reviewer decides in my favour?
If the reviewer finds in your favour then ACC will have to fund the treatment and or provide the cover you sought.
What happens if the reviewer decides in ACC’s favour?
If the reviewer finds in ACC’s favour then effectively they are saying ACC’s decision was correct.
You have a right of appeal to the District Court. Although we can act on your behalf in any appeal the costs rules are different – please contact us directly for specific costs details regarding appeals.
Do you deal with disputes involving accredited employers?
Yes, absolutely. We have experience of dealing with accredited employers. If you work for an accredited employer and have an accident at work or a new accident which isn’t work related, your employer may manage the ACC claim itself or instruct an agent to do so.