Your IRP

Your Individual Rehabilitation Plan

 

This part of the ACC process is vital to the success of your claim. This is the part of the process where you as the claimant and your treatment providers in their official capacity get the opportunity to have an input into your claim. The law states that any treating practitioners must have the opportunity to participate in the preparation and costing of the plan to the extent they are willing and able to do so. You can find this specific legislation under Schedule 1 Clause 7 (3).

 

For those who are receiving treatment from a Psychotherapist or a Psychologist be aware that these professionals are not practitioners. Thankfully however your GP is. It is simply a matter of getting your GP to examine the reports provided by non practitioner specialists and incorporate those specialists findings into the GP's analysis of the situation.  In the event that a GP and a Psychologist combine their professional opinions it is very difficult for the Corporation to argue against them. It is unlikely that any reasonable Psychiatrist will fail to support their opinions.

 

Your IRP is likely to contain provision for future assessments, notably an Initial Medical Assessment (IMA)  or a Vocational Independence Medical Assessment (VIMA). This is where one has to be very careful. The only time a Claimant can realistically argue about the specific assessor for assessments required under Section 72 of the Act is in the negotiation for an IRP. In the event that you cannot get the Corporation to agree you must Review the IRP not the ACC choice of assessor. An IRP can be reviewed even if it has been "agreed" and signed off. This is a technical matter under the law. It is much harder to argue that ACC forcing assessor choice is related to entitlements as defined under Section 6 of the Act. The right to review an IRP and what is contained within it however is a recognized legal process supported by the legislation.  The High Court case law I rely upon for this kind of combat is Weir v ACC available in the High Court Judgment section.

 

Before you agree to any assessments be sure to check out the sections above on just what those assessments are and what they mean.