Claimant gave up ACC pay in error
An ACC claimant who signed over every cent of her backdated payout to an advocate says the Government should provide free legal support services.
Natasha Howell, 44, was awarded $84,797 in compensation by ACC after her weekly payments were cancelled. The Christchurch resident suffers from severe pain related to spinal surgeries.
She had signed a contract giving any backdated money to an ‘‘accident compensation law specialist’’ last June to fight ACC’s decision.
Howell says that she didn’t understand the payment scheme proposed.
She was given two options, to pay $5000 to $6000 upfront, or ‘‘all and any backpaid weekly compensation payable by the corporation ... in addition to any costs’’.
The former pharmacy assistant, who is unable to return to work due to her pain, chose the second option. ‘‘At the time my mother was dying, I had all this stress and wasn’t thinking straight.’’
When Howell realised she’d lose all of the backdated money, she was devastated. ‘‘What gives him the right to take the lot?’’
She complained to advocate Andrew Cadenhead that it was unfair and he agreed to reduce his fee to 50 per cent of the payment.
Without legal representation, Howell said she would not have been able to challenge ACC at all.
At a meeting on February 12, ACC agreed to pay weekly compensation from the date of her June 13, 2012 injury, reinstate her as a claimant and continue weekly payments.
Cadenhead declined to comment but in an email to Howell he defended payment of ‘‘all and any backdated compensation’’. He is an enrolled barrister and solicitor.
The Government asked ACC to consider funding a free advocacy service 18 months ago.