ACC client reaches compromise
A disabled man cut off from ACC payments for seven years has got his weekly compensation reinstated and has avoided eviction from his bedsit.
John McGough, 49, of Lower Hutt, suffered spinal cord damage in a diving accident in 1996 and was dependent on ACC for income. The accident left him with a permanent limp, spasticity in his upper and lower limbs, and periodic pain and numbness in his arms and hands. He also suffered periodic depression.
In 2011 the corporation cut off support for ‘‘non-compliance’’ when he would not attend a neuropsychiatrist appointment.
McGough wanted to ensure the doctor had received a full list of his medical records ahead of the appointment. He complained about basic errors in his ACC records, including an incorrect description of his disability – C4 incomplete tetraplegia. When the information was not supplied he refused to attend the appointment and his payments ceased.
The case was reviewed, but ACC’s decision was upheld.
Stress from the conflict caused further anxiety and depression for McGough.
By July his home was out of control, swamped by piles of papers and household rubbish.
McGough was told he had to leave by September 1.
Dunedin ACC barrister and researcher Warren Forster acted as an advocate for McGough.
ACC agreed to provide the information originally requested to the specialist and reinstate weekly compensation when McGough attended the appointment. McGough agreed to attend the specialist appointment.
An ACC spokesman said the appointment was necessary to assess McGough’s needs.
A specialist appointment was not available until late October and ACC agreed to reinstate the compensation immediately, backdated to July 11.
In addition, ACC made an $8000 payment to help McGough fix his living situation.
Forster said he understood this was to be paid back in future, but did not expect ACC to enforce a repayment. ‘‘I’m pretty confident ACC is going to work collaboratively from here and try to solve the problems.’’
McGough said he was extremely relieved. With help he has got rid of excess household items. He credited Forster with helping him negotiate with ACC and his landlord.
But McGough is still bitter about the way ACC had treated him over the years. He described ACC as an ‘‘evil and abusive’’ system. ‘‘I’m just psychologically haggard from the whole damn experience.’’
Forster, who has represented hundreds of ACC claimants, said cases of poor treatment like McGough’s were common and staff needed to take a more problem-solving approach.
‘‘It shouldn’t need escalation to get lawyers involved before ACC does the right thing.’’
He said a culture change within ACC was badly needed.