IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by loggie on Sat 07 Feb 2015, 10:28

Teen, can you help me by showing me where " The judge candidly pointed out that the PA is not an income replacement " is found? I am in la la land right now and can't seem to escape...which is nerve wracking.
Thanks

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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by bigrex on Sat 07 Feb 2015, 11:08

From the SISIP decison

"[27] What is clear from the Pension Act and the Minister’s Table is that the monthly benefit payable to disabled members of the CF is not intended to be a form of income replacement. Instead, it is designed to compensate for the loss of amenities of life and for the personal limitations and sacrifices that arise from disabling injuries. This is not entirely lost on the Defendant. According to a 2004 Reference Paper prepared by Veterans Affairs Canada, the purpose of Pension Act disability benefits is to “provide compensation for reductions in the quality, and sometimes the quantity, of life experienced by the disabled” and not, as is commonly believed, to provide a form of income replacement: Affidavit of Sergeant John G. Bartlett (22 September 2011), Exhibit “B” at p 8 (“Reference Paper: The Origins and Evolution of Veterans Benefits in Canada, 1914-2004” (March 2004) at p 5, also available online: ). "

The entire document can be found here

http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/60778/index.do
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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by loggie on Sat 07 Feb 2015, 13:17

WOW! THANK YOU Bigrex. This is perfect. I sincerely appreciate your assistance. Wishing you well,
Loggie

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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by Rifleman on Sat 07 Feb 2015, 14:42

Now that is what CSAT is all about vets helping vets well done Big Rex and good luck Loggie

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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by Guest on Sat 07 Feb 2015, 16:33

great job bigrex .

propat

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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by pinger on Sat 07 Feb 2015, 17:25

Big thumbs up to you Rex. Case in point for simply helping each other on this site. pinger.
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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by loggie on Sun 08 Feb 2015, 14:44

The "real" world could learn a lot from the way OUR family works!!!!!

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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by bigrex on Mon 09 Feb 2015, 11:55

I agree Loggie. The "leave no man behind" mentality is what make the military a true brotherhood (sorry trying to disrespect any of the women who have served). It doesn't matter if you personally like your fellow soldier, sailor or airman, but when they come under fire, be it by a foreign enemy, or our own government, we will do whatever we can to come to their aide.
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Re: IS THE DISABILITY AWARD AN INCOME REPLACEMENT OR PROVIDED FOR PAIN AND SUFFERING

Post by RobbieRoyal on Tue 10 Feb 2015, 17:21

like that button, Rex
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