May 9, 2011

Passing the Buck?


The story, thus far: Around two years ago I applied to ACC for counseling. It was recommended by the Police due to a pending historical sex abuse case. I went to an assessment. Seven months later, I was still waiting to hear back from ACC. I emailed. Nothing. I called. Nothing. I went into a horrible state of depression. Around two years passed.

Less than a month ago, my first contact with ACC was legal action from Dr Peter Jansen, a senior medical advisor for ACC. I apparently defamed him by calling him an "incompetent" prick on this here blog. Interestingly, he never thought it was defamatory to call him a prick, just an incompetent one and equally interesting, at the time of posting, I had only 15 followers - all friends I had probably bribed with emotional blackmail to follow me on my blog. Yeah, so hardly the FBI files, right?

For nearly three weeks I was not allowed to say the word 'incompetent." I had to listen to radio stations claiming there was a "tirade of abuse" about Jansen on my blog. I was not allowed to say, it was hardly a tirade. It was the word... incompetent.

Media started hounded me for personal details, in particular the whereabouts of me and my daughter. Apparently that's News. They even got some crony to pose as my ex-husband in an interview, anyone that would slag me off and attest to things like - I'm an alcoholic, a compulsive liar, a bludger, beneficiary, a professional victim, and have a mental illness. Well I think ACC should hire this crony cause it's a lot less than the $3000.00 they paid for an assessor to come up with PTSD!

I decided to fight back.

I Goggled two of those most respected lawyers in New Zealand - John Millar (http://www.jmlaw.co.nz/) and Steven Price (http://www.medialawjournal.co.nz/).

For the next 25 days, they worked to provide one of the most comprehensive defenses I have ever seen. Aside from the four legal defenses against "defamation", they also went on to include a "tirade" of documentation on the handling of ACC's Clinical Pathways - what I fondly refer to as the Government Assisted Suicide Package.

I hoped like hell that Jansen's ego would get the better of him and he'd proceed to Court because, as his spin doctors would have told him, his case opened up the whole ACC debacle for debate and hundreds of other claimants would come forward. Well someone, somewhere, told Jansen to pull his head in, that his ego was writing cheques ACC couldn't afford, cause within hours of submitting my defense, he dropped his action, and his lawyer issued the previously posted insanely pious statement.. pious meaning: To make a hypocritical display of virtue.

The Media called for my response. I guess calling Jansen a chicken shit doesn't wash with most conventional news people cause nothing I said was published.

I emailed Nick Smith - After all, the Court case was over but where was Jansen's pious claim that "Jax's recovery must take precedence now," as if that was the ONLY reason he was withdrawing legal action - a definite Tui advertisement here.

No response from Nick Smith.

But wait.... I got this today.
Hi
I'm ACC's General Manager for Claims Management and I would very much like to talk to you personally about how we've handled your claim. I'd like to hear your thoughts and concerns directly and discuss with you what we're proposing to put in place to support your recovery.
I've tried a couple of times to call you but the telephone number we have on file (XXXXXXXXXX) no longer appears to be in service. Is there another number I can use? Please feel free to email or call me on 04 816 7146 (my PA, Eleni Simons will answer) and also to suggest a time that would suit you to talk to me.

I look forward to hearing from you...
Kind Regards

Denise Cosgrove
General Manager Claims Management

First question.... so where did you get my personal email address from Denise? Obviously Nick Smith. I don't have any problems with that - just as long as we all recognised that information does get shared when it serves a mutual goal.

Secondly, interesting to note that you couldn't find me, other than via Nick Smith, so pray do tell, what (obviously unorthodox) methods did your colleague use to find me under a confidential address etc?

Okay. Maybe it's an olive branch... maybe I'm naive? Best Google the chick first:
First up: http://www.stuff.co.nz/southland-times/news/4569193/Raw-deal-from-ACC-upsets-city-woman A we story about some ACC Claim being refused. Denise Cosgrove saying: "We are not saying people don't need surgery, it's just that it's not ACC's responsibility."
Second search: http://www.stuff.co.nz/national/health/4425366/ACC-backs-down-over-giving-client-the-boot. A teenage girl shot in the face, who was told to "get off the couch" and go back to work by claims management general manager Denise Cosgrove.



Marches protesting changes to ACC's criteria for counselling for sexual abuse victims have been held in the major cities. Denise Cosgrove says "The changes will mean the "right people" make the diagnosis and they will be "certainty up front".
Change of search engine... YouTube, first hit....A presentation given by Denise Cosgrove where she is heard saying "the most significant was the underpinning cultural change in the organisation, shifting the focus of our people from customer service essentially, to focusing on cost and liability management and I've been impressed....." (http://www.youtube.com/watch?v=5AG2kPi-cV8

Well this should certainly be interesting As they say in "Blog land"... will keep you posted. 

23 comments:

  1. Its an olive branch. Its the normal reaction for ineffectiveness in an organisation exposed in the media spotlight. So happy you have stood up to the establishment. Just another brick in the wall. Yeh right....

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  2. Even though my blog is disabled at the moment I thought it would be of relevance to note that when I went searching for the public statement that DENISE made about me - that it has been removed from the Sunday Star Times Affiliated website... wonder who pulled the strings for that? Nice for Denise, to be able to make the damaging comments disappear - wish I could delete the damage she has done to myself by her lies.
    Here was what she had to say ABOUT ME in a public forum without my knowledge or consent:

    "ACC and mental health
    Sunday Star - Times; Wellington, New Zealand, May 23, 2010
    YOUR ARTICLE "Rape victim says ACC cut her lifeline'' (May 16) was misleading. The client, Danielle Martin, has had almost 300 counselling sessions and total support from ACC worth over $65,000. However, she has a range of mental health issues, some of which are separate from and predate those caused by the sexual abuse she experienced. But it is nearly impossible to separate out complex mental health issues and treat them separately. That's why we believe she would be better helped by a multi-disciplinary approach from a team able to deal with all of the issues. So we have worked with the Auckland District Health Board to find a place for her at Segar House. She will still be able to get counselling there. ACC has not cut off her lifeline; we have offered her a better one.
    Also, it was suggested this situation is connected to ACC's new clinical pathway for managing sexual abuse claims. Ms Martin's case predates the introduction of the pathway, and she is being managed under the old system. Lastly, it was suggested Ms Martin may be suicidal. If that is the case, the onus is on her counsellor or other treatment providers to put in place arrangements to secure her safety. There are set protocols for doing this that they will be well familiar with. The same applies to anyone a health professional feels may be considering self-harm.

    Denise Cosgrove General manager, Claims management, ACC #SRC#

    * The article didn't suggest she was being dealt with under the clinical pathway. It was understood she was being dealt with under the old system. - Editor

    http://findarticles.com/p/news-articles/sunday-star-times-wellington-new-zealand/mi_8185/is_20100523/acc-mental-health/ai_n53780842/"

    :(

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  3. Found it.

    http://www.stuff.co.nz/sunday-star-times/3702659/Rape-victim-ACC-cut-my-lifeline

    ACC senior medical adviser Dr Peter Jansen said that while Martin and her psychiatrist might have felt she was making progress with her present regime, the opinion of ACC's experts was that "the long-term counselling has created a dependency that has been counter-productive".

    Is the one?

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  4. Hey Jax...

    That was the original article that PJ commented in that you've found.

    This is the web address of the article that Ms Cosgrove decided to speak out about me: http://findarticles.com/p/news-articles/sunday-star-times-wellington-new-zealand/mi_8185/is_20100523/acc-mental-health/ai_n53780842/
    (as you can see the article has quite recently 'disappeared'!)

    This was my response on my blog when I saw it (so last year):
    "I know that I opened myself up for public opinion and debate by putting part of my story out there with the Article in the Sunday Star Times.
    Reading this leaves me crying, and wondering who is this Denise Cosgrove?
    - How did she get the figure of $65,000 for counselling? For the most part I believe the subsidy to be $76 per session, the correct number of sessions is actually closer to 240 (with a v.small amount of these being time with a Psychatrist at a different amount, less than 20), I would think that would possibly be somewhere in the region of $20,000, maybe, if that (and about $5,000 of my own money).
    - Why has a representative of ACC written or said something basically trying to de-construct or misrepresent me, my story and my claim? Why have they had time to do this but they have had no time or made any effort to respond privately or publicly with any solutions or supportive comments for me?
    - How has "Denise Cosgrove from ACC" been able to speak (inaccurately) about me publically when I only signed a short-term privacy release for ACC to speak directly to Tim Hume (Reporter @ Sunday Star Times)
    - I challenge the LIE that ACC has had any interaction with Segar House regarding my care, or a 'transfer' to this ADHB service.
    - I resent the implication that I or my treatment providers are not taking due care around any feelings of depression or suicidality that I may have.
    There are many more questions whirling around inside my head. I believe this is most likely another breach of my privacy by ACC making UNTRUE statements again about me without my permission to an unauthorised source. I feel so nauseaus just trying to comprehend what this woman has written I have to stop writing.
    What else is out there that ACC has tried to insinuate about me? Should I just have kept my mouth shut and never tried to deal with the rape and trauma and kept trying to swallow the pain?
    Very confused right now :( "

    Not trying to live out my blog through yours babe - just as a warning (that I know YOU probably don't need) but to others who I am sure staying in the loop through your writings, that Ms Cosgrove is a snake in the grass - and don't trust her as far as you can throw her!

    Wish I had your fighting spirit, even though I know it's because you've been backed into a corner and have no other option. Don't think it's fair what they have done AND ARE CONTINUING to do to You, Me and ALL the others.

    Kiha kaha honey xx

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  5. I must say those google searches you have done really put up warning signs for me. tread carefully around this woman.
    she is a snake for sure.
    How the hell did she get your personal email? I find this extremely alarming.
    ACC do not give a rats ass about fucking people around. ACC don't care for victims. they only care about what is in their pockets, while we turn ours inside out and have to rely on whatever they give us. They treat us like we are the meat the abusers thought we were. They make us feel even more dirty, more guilty for reaching out and asking for help. We live with the shame of our abuse everyday.
    My rant is over for now, but yes... this cosgrove woman.... do be careful. I hope soon we can create some form of moevement. something for all the survivors of sexual abuse... stick them up the arse with it and make a change. My hopes are high I know... and how would we do that? As so many of us feel like tiny mice compared to those big wig assholes... how could we turn this around? I feel something needs to be done.

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  6. Dear Jax,

    the tone of the letter from DC is too friendly, too personal, too ? viperish ?. . . The usual tone of SCU is rigid, completely impersonal and terse, this includes direct letters from case managers as well as form letters, as you well know. To speak with you "personally" infers "off the record" I wouldn't trust that for a moment. The superficial statement is "let me make it all good (within the regulations)" but the unspoken statement, at the psychological level . . . reads like something else. Take someone with you if you agree to go to the meeting, audio tape it and commit to nothing . . .

    - off course you know all this. I don't trust ACC SCU DC PJ or their processes; they know enough psychology to be manipulative and dangerous and purport care and compassion when they don't collectively and I suspect many individually don't have an iota of it. Paper work conveniently goes missing, systems are self serving, they say they send letters and make phone calls and too often it can be proven that those things don't happen. . . as again you well know.

    All I'm saying really is, trust yourself and all the best!

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  7. How tiring it must all be, to not trust anyone and to not be able to accept any offers to sort it out as genuine attempts at a resolution for you.
    And people have the audacity to call you a 'professional victim'.
    Wonder why they would think that?

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  8. All the best with your fight. X

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  9. I get this picture of Nick Smith shouting down the phone to ACC, & a flurry of activity from subordinates in a rather large arse covering exercise, documents being shredded, endless emails circulating re damage control for "Death Con 5", & the dept on high alert.

    Someone will take a big fall for the misuse of your private information, but i suspect getting to the bottom of it may be difficult a they all scramble for cover.

    On a more positive note, once ya pot ACC in the media they want to help you, is this the way they operate now, wait til the Minister kicks some tyres?

    Keep your foot firmly on there throat!

    B

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  10. My daughter was abused between age 7-9. Acc accepted the claim. There was a courtcase. She recieved councelling for about two years. The councillor told me that later it would be possible and things could trigger the abuse, in which case she would require councelling. At the time when the claim was accepted Acc sent me forms about claiming funds. I had no idea what that was all about. I phoned and they said that I could claim a lump sum or 3 monthly payments. At the time it was'nt about money, it took all my energy dealing with the situation and court things. I was told that they picked up something on the witness video and the matter was referred to the high court. I was shatterred. A couple of years later something (puberty) did trigger things for my daughter. It was terrible. She now realised what really was happening when she was little. She blamed herself, thought she was "BAD", she became suicidal. I contacted the councillor that she had seen. It took weeks of "nothing happening". I phoned ACC several times. Sensative claim..yeah right. I asked to speak with the case manager...this was not possible. Imagine discussing the case with who ever they decided to put me through to. Eventually I was just about histerical when I was told that the person dealing with her case was going on leave. I told the person that I was speaking to that I was going to send a letter for her attention including the note my daughter had written, and expected them to come and collect my daughter and protect her from harming herself. She phoned me back within the hour saying that they had approved 20 sessions of councelling. To be treated like this. As for claimimg the money, the law had changed. My daughter could at the age of 16 be accessed "interoggated" by some strange councilor, who would decide, if she is entitilled to anything. As if I would put my girl through that humiliation. She is in councelling at the moment, through ACC...no, THEY DONT CARE!!!

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  11. Things that make you go hmmmmm....I guess you don't have to talk to the Cosgrove woman about the handling of your case, but clearly the Minister has referred your case to her and is trying not to look at this issue anymore.

    I'd play the game but keep a goal in mind, like what outcome you would like OR I would deal with the OCI (ACC Office of the Complaints Investigator). You can elect to go straight through to them instead of going through the normal investigations process first. Call ACC and they might explain that better.

    When it feels like nobody cares about what you have written (and it probably will be this way) just want you to know I am writing my own very lengthy complaint. Eventually someone will hear. But yea, we all just wanted proper treatment in a timely manner...

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  12. Yes, JustAGirl I remember reading that also and it would be easy enough to get that from the SST archives if you wanted to go to the Privacy Commissioner (in fact, I would stronger advise you did that).

    It was always been interesting to me that clearly ACC wanted to discredit you as they replaced Dr. Jansen (who commented publicly previously on your case) with Denise Consgrove. I guess largely because Denise is not a medical doctor and can breach privacy, misrepresent, and just be a total cow with little or no real consequences. Dr. Jansen on the other hand would be answerable to his professional body. But lets not forget who was the senior medical adviser working in the SCU at the time and who would of instructed Denise on what to say and provided her with the information she needed.

    I think they think because you all have a mental illness that means you are stupid also. More full them!

    And Jax.... lol at Nick Smith handing your letter to Densie Consgrove and saying... deal with this. But I'm with JustAGirl.... that woman is a snake in the grass...... only communicate with her writing. Has she provided the results of the enquiry into your case and the whether PJ accessed your details yet also?

    Would you want any counselling from them now? How could you trust them anymore with your details? How can anyone trust them? As how did the other doctors (contracted by ACC.... like Dr. Jan Reeves) send threatening letters to claimants regarding defamation also? Where did they get their personal information to do that from? HELLO?!?!

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  13. JustAGirl... the letter you mention is still easily avaiable from. You can see some of it here:

    http://www.highbeam.com/doc/1P2-22081215.html

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  14. Dear Anonymous, who said...

    How tiring it must all be, to not trust anyone and to not be able to accept any offers to sort it out as genuine attempts at a resolution for you.
    And people have the audacity to call you a 'professional victim'.
    Wonder why they would think that?

    My response:
    I thank you for your "genuine" concern albeit laced in sarcasm and intent. Gee, a little like my response, really.

    Now listen up, if you have no true intent for being on this blog, then may I suggest you fuck off?

    Your passive aggressive shit is noted. Unlike you, I am up front. I don't need to hide behind shades of grey.

    Your most sincerely
    Jax

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  15. Dear Anon, who wrote:

    "My daughter was abused between age 7-9. Acc accepted the claim. There was a courtcase. She recieved councelling for about two years. The councillor told me that later it would be possible and things could trigger the abuse, in which case she would require councelling..."

    My Response:
    Your experience is disgusting. Your poor baby girl. Poor you! No, seriously, this is EXACTLY what I am talking about. ACC is an Insurance Company. If this was a private company, man oh man, would heads roll....

    My email address is nzreporter@hotmail.com

    I want you to email me. I want to help. I am livid by your daughter's experience and if there is anything I can do to help, I promise you this: I most certainly will!

    Don't worry... rant in the email as much as you want dolls. Just don't think for a second that I don't care or that I (and this amazing group of people that have stemmed from my own personal experience) will not help you... We will. End of.

    Look forward to hearing from you and in the meantime....give your baby girl a hug from us. xx... and you too, as the MUM.

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  16. God speed sexybeast, keep us posted hun. x

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  17. Dear Anon who wrote:

    Dear Jax,

    the tone of the letter from DC is too friendly, too personal, too ? viperish ?. . . The usual tone of SCU is rigid, completely impersonal and terse, this includes direct letters from case managers as well as form letters, as you well know.

    My response:
    This is what I LOVE about people who have dealt with SCU. They have this awesome sense of paranoia. Don't get me wrong. It's darn healthy!

    You're concerns are genuine and understood. I thank you for sharing them and for taking the time to share them. xx

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  18. DENISE COSGROVE - in my honest opinion, IS :-

    A VENOMOUS, POISONOUS SNAKE, ROTTEN TO THE CORE, FULL OF TRICKY, A LIAR, DEVIOUS AND SHITS IN HER OWN LIES EVERY TIME- worse than the plonker Nick Smith. Works well with Dr Jackass Jansen and the rest of the crew at the insensitive no claims unit though.

    But that's just my honest opinion though - much like the opinions of the majority of us, so well spoken in many other forums, blogs, media....
    YOU COSGROVE - MAYBE ITS TIME FOR COSGROVE TO DO THE SAME AS JANSEN - RUN FOREST RUN???

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  19. Jax, you know you have had an impact when you get Denise Cosgrove's groveling VIP treatment. I gather you are not asking for special treatment from someone who publicly defends ACC's niggardly approach and incompetent management - its just plain creepy. Hear the Bitch preaching to the converted (and at 4.00m hear her choke on the thought of a brain damaged baby living to 80 yrs)- http://www.youtube.com/watch?v=5AG2kPi-cV8

    I suggest you ask the Bitch to assign a competent case manager to manage your claim.

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  20. Dear Anon above..... thanks for the head's up and link. Very thought provoking. x

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  21. ACC official's bullying tactics not to be tolerated

    Carmel Sepuloni | Thursday, April 14, 2011 - 17:56

    Former ACC Medical Advisor Dr Peter Jansen has recently issued court proceedings against an ACC claimant who blogged about their on-going difficulties with ACC. Dr Jansen’s lawyers insist that the claimant’s blog are causing Dr Jansen “considerable embarrassment and distress” and are claiming $250,000 in damages.

    Tony Ryall was clearly rattled today when taking questions for ACC minister, Nick Smith, by fresh allegations of a clear abuse of power by senior ACC officials.

    “Undoubtedly Tony recognises the seriousness of the Dr Jansen’s actions and its potential impact on the confidence people have in ACC and its processes. He is probably also concerned about his own appointments considering the man in question, Dr Peter Jansen, was appointed to his own Ministry’s Health Quality and Safety Commission (HQSC) last year”

    “I think Dr Jansen’s actions are completely disgraceful and I expect the Minister to investigate this matter promptly. Haven’t sexual abuse claimants gone through enough without being re-victimised and pushed into a corner like this?

    “Nick Smith has constantly defended Dr Peter Jansen’s actions with regards to Sexual abuse victims and yet, here we are again questioning the actions of Dr Jansen in relation to another sexual abuse victim. Will Nick Smith defend his actions again?”

    “You don’t have to go far to find people completely disillusioned by the ACC’s handling and treatment of victims of sexual abuse and law suits like Dr Jansen’s are a kick in the gut to an already very vulnerable sector of our society. It’s certainly not the type of response we want or expect from senior ACC officials

    “Although the complainant is willing to go public I have advised that, given this National government’s track record for dragging people through the mud who criticize their policies and practices I think it unwise for her to make her identity known”

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  22. You reap what you sow, Jax. Its (not really) amazing how you get called names then take offense to any truisms therein.

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  23. You really need to sort yourself out "Jasmine Tanner"..... this shit your doing is really getting a little old now....

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