Accident Compensation Corporation

ACC may be able to help 

FND is closely related to trauma. Most people who get FND have a personal history of traumatic events which have damaged them. 

Many of our group members receive ACC cover for FND. Most claims are initially declined but are later won when decisions are challenged at, or before, the review stage. We have not worked out the  pattern of which claims are approved easily and which go on into longer legal battles. We think its likely the theoretical approach and knowledge level of the individual assessors that determines outcomes. 

If your FND was triggered suddenly in an event such as a medication change or a fall, it's unlikely that ACC will admit a connection to the triggering event. It seems to be the initial claim is likely to be declined with the rationale that it was your underlying history of trauma that was the true reason for your illness, not the trigger. They don't tell you this though. They just decline and you have to work it out for your self. Most people who eventually gain cover do so under a 'sensitive claim' for historic sexual assault. A small number of our members have approved cover after physical accidents such as car crashes and treatment injures such as medication reactions.

Cases involving sexual assault are most likely to be approved, but many of these claimants struggle too. When we conducted our 2024 survey we found that 30% of our respondents had approved sensitive claims for sexual assault, but only 5% had cover for their FND. 

You are most likely to succeed by proving a prior (historic) mental injury resulting from an accident which is covered by the ACC Act. For example they will cover mental injury resulting from sexual assault but not from observing physical family violence. This stuff is really tricky and you need a professional advocate. 

The assessment process

If you want to claim for ACC cover please do so, but be aware of some nasty fish hooks that can come with it. We suggest you find a Medical Legal Advocate and discuss your situation at the outset. It is important that the right medical specialists are involved from day one. Professional opinions on the cause of FND vary widely. You need to choose a doctor who is experienced in this. 

An advocate can advise you and save you years of time and pain. This site contains a list of ACC medical legal advocates. Many times, they are free and funded by the government. Your advocate may be able to recommend an appropriate Doctor to assess you, if not email us. 

FND related ACC claims are protracted, invasive and stressful. ACC considers these cases 'complex'. These assessments take years and the assessors are not able/willing to administer any therapeutic support as it is happening. The assessors work for ACC, not you. They are unlikely to answer questions about your condition or help you understand what is happening to you. If your case involves historic sexual assault, the assessments will involve recounting past events. 

Once a claim is submitted you are likely to be told that you are ineligible for public health services. It is also very difficult to obtain private treatment in Aotearoa. We think half the reason for this is that most of our available specialists are tied up writing reports for ACC. 

You have to be prepared to go without health care while your claim is being assessed. If you are OK with that, go for your life. The more of us that fight the better. 

The shortest assessment period we have heard of was two years. The longest battle that we know of has been going on for five years and still counting. This person is a medical professional themselves and has a great lawyer, but they have still been fighting for five years for access to medical treatment. And remember, during this time you become ineligible for publicly funded health care. The Health and Disability Commission do not have any power to help you with this problem either. Many of us have asked for their help with this. 

It's ugly, but this is how our system works. 

Your best chance of getting help might be through a hospital waiting list. Wait times for support through the public system are far shorter than ACC assessment time frames. If you need help fast, particularly for Physiotherapist support for non-seizure type FND, it might be better sit it out on the hospital waiting list. 

Protect your other claims 

Our people often have prior approved ACC claims. ACC has been known to cut off entitlements for separate claims, such as head injury and sexual assault, after patients get their FND diagnosis. ACC seems to declare that the waters become so muddied by the new FND diagnosis that they can not possibly be sure what is happening any longer. So they then take the opportunity to cut off entitlements, such as cutting off clinical psychological services for Sensitive Claimants or therapeutic support for concussion. This is reasonably common unfortunately. 

We have heard that some GPs choose not to record functional neurological symptoms on patients records so that it does not disrupt entitlements for other claims. 

If you have other accepted claims that you currently rely on, we suggest you talk to an ACC Medical Legal Advocate. We suggest that do this even if you do not intend on submitting a claim for FND. This action is to protect your other claims and entitlements. Keep good notes. 

Way Finders is an independent ACC navigation service that will tell you what the law says and be able to help you locate an advocate. Click the arrow at the top right of the image below to open Wayfinder's brochure.