Veteran launches review of decision to deny long-term disability benefits

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Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Wed 04 Feb 2015, 17:59

HALIFAX -- A disabled military veteran has launched a proposed class proceeding against the federal government to win long-term benefits he and others are being denied, alleging a deadline was missed because they received incorrect information from an insurer.

Fernand Kenney is seeking a judicial review of a decision not to grant him long-term disability payments related to post-traumatic stress disorder and his service during the war in Bosnia in 1993.

Kenney claims in a four-page application filed in Federal Court in Halifax that he was given the wrong information by the insurance provider and, as a result, did not go through a lengthy and costly process of applying for the benefits.

Dan Wallace, Kenney's lawyer, said the information led his client and others to believe they would not receive any payments based on calculations that were done using a formula that takes salary and pensions into account.

But Wallace said Wednesday that a previous court ruling in another matter involving veterans' benefits found that the formula was flawed and should be overturned, meaning Kenney should apply for and receive payments.

When he did, Kenney was told he had missed the 120-day deadline for applications, even though he was initially told he wouldn't receive any money and shouldn't bother applying.

Wallace said it doesn't make sense that a veteran pays premiums for his full military career and isn't able to collect on them because incorrect information was used from an insurance provider.

"If you tell me incorrectly that the benefits are zero and I don't apply based on that, then surely when I find out you were wrong, you can't say, 'Oh the time's up,' " Wallace said.

"He was disabled during wartime in Sarajevo and he paid into this plan his entire 20-some year career and he should be entitled to it."

Defence spokesman Daniel Le Bouthillier said the department could not comment because the matter is before the courts.

Wallace says Kenney, now in his mid-50s and living in Quebec, is severely disabled and has not worked since he was involuntarily medically released from the Forces in 2005.

Wallace didn't know the dollar value of the case or how many people would be included in the class, but he said he has been approached by about two dozen veterans so far.

This latest battle comes after Ottawa settled with about 7,500 claimants in a $887.8-million class-action lawsuit in 2013 over their clawed back pension benefits.

Dennis Manuge launched the suit on behalf of himself and other disabled veterans whose long-term disability benefits were reduced by the amount of the monthly Veterans Affairs disability pensions they received. The Federal Court said it was unfair of the federal government to treat pain and suffering awards as income.

Read more: http://www.ctvnews.ca/canada/veteran-launches-review-of-decision-to-deny-long-term-disability-benefits-1.2220861#ixzz3QoumU1tz


Last edited by trooper on Wed 24 Feb 2016, 06:29; edited 2 times in total

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Wed 04 Feb 2015, 18:24

Well done. I am sure Dan Wallace will work hard for them.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by RobbieRoyal on Thu 05 Feb 2015, 10:11

that I applaud Loudy I may say, can you hear me, can you hear the words coming outta my hands
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by BinRat on Thu 05 Feb 2015, 12:17

I had same thing when I was released in 1993..
When I did my scan seminar had some from sisip there
And talking to them was told I wouldn't qualify and simply not
to apply cause I'd be taken care from veterans affairs..

Yeah an application placed in 93 finally got it in 2007, but back date lost
audio, and 11 years of disability benefits yup sure was taken care of..

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Thu 05 Feb 2015, 15:09

I can certainly see and understand where Mr. Kenney, and Dan Wallace are coming from.

The incorrect info that Mr. Kenney has stated may have been correct at the time of his release, however, the DENNIS MANUGE Law suit has clearly changed the formula in this matter that would clearly reflect what the insurer is now obligated to tell those who are now being medically released.

So I would guess the answer to be this - Yes he may have been told the correct info at the time of release, but due to the success of the MANUGE Law suit, it now by rights, should be changed - or at least viewed by the courts that the info given to Mr. Kenney is indeed incorrect.
The reason I say this is simply the fact that the MANUGE suit by court order dates back to June 1, 1976 - this date falls well within Mr. Kenney's release.

Personally in my own opinion I would think it would be fair to say that any service member who was medically released from the service, and payed their sisip LTD premiums, but did not fill out and application for LTD due to being told they would not receive it, and or it being a waste of time, should be given the chance to now apply for it - they should get that chance to show their situation from time of release - to present.

I hope that the courts do acknowledge what these Veterans are saying, and asking for, and take the proper steps to allow them to apply for this, and allow these Veterans to show their medical situation from the time of their release - to present.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Thu 05 Feb 2015, 16:52

Spoke with Dan Wallace today and if we can spread the word to people medically released after December 1999 who missed out on Manuge case because they did not complete the claims form to contact Dan directly reference class action.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Teentitan on Fri 06 Feb 2015, 11:33

Sparrow can you put up Dan's contact info for this issue please?
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Rags on Fri 06 Feb 2015, 18:16

So I understand....... been away awhile. I have not kept current but I thought we all where in the class unless we opted out. Even Im in the class as an appeal client even if I was and those like me where forgotten in the rush to settle and get cash we are in the class now via appeal/adjudication system. Who are you talking about after 99 release, this would be people who did not file or missed out filling with the class action some how? I ask this cause I spoke to a fellow down the street from me who told me he got a settlement on the class action but was not part of it. I was going to post his details on how it went which I found to be very strange.
 I maybe wasting your time and confusing the thread cause of my absence so if I am take me to pm then.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Fri 06 Feb 2015, 18:46

Rags,

What they are talking about here is Veterans who were medically released and at the time of their release were told by the insurer " SISIP " that in order for them to receive benefits their other pension incomes must not zero them out - by the sisip formula used at the time.

In English those Veterans did not apply for sisip for the simple reason that at the time the formula used would make them unqualified to receive any sisip benefits, resulting in some thinking it would be a waste of time to apply for sisip.

Now that the MANUGE Law suit has been won - this sisip formula has now changed - and this change is backdated.
So because of this they now want the courts to rule in given them a chance to now apply for sisip, as they are claiming they were told incorrect info when they were released, due to the now formula used by sisip.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Rags on Fri 06 Feb 2015, 19:40

Im seriously confused now....I was a med release 03 85% dva heading yo over 100% when all said and done. I was refused and walked away as my payout was virtually 0. I am part of the appeal system why would these other people not be like me doing the adjudicator? We initially where left out but that was reversed when adjudicator was added just as trial settlement occurred. Thus we are all in the class now....I thought.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Fri 06 Feb 2015, 19:48

Rags,

Got it - my question to you is did you apply for sisip upon release ?

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Fri 06 Feb 2015, 19:58

Hi Rags, good to see you again.
Teen, to contact Dan Wallace here is the email:

daniel.wallace@mcinnescooper.com

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by 1993firebird on Sat 07 Feb 2015, 18:12

I am in the same situation as Rags. I did not apply for SISIP benefits because I was told that my VAC income was higher than my SISIP amount which therefore zeroed me out. I did not submit medical reports at the 18th and 24th month during the first two years after my medical release.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Sat 07 Feb 2015, 19:52

There is a difference between those of you who are now awaiting results from the adjudicator - and what is taken place with this latest proposed class proceedings brought forward by Mr. Kenney, and Dan Wallace.

I can understand the confusion but will try to point out the differences between the both, in the way I have read the report of the proposed class proceedings.

The ones who are now awaiting results from the adjudicator did apply for sisip upon their release, but did not follow through with the application based on the different factors - these factors have been addressed by the courts - resulting in the court order of the MANUGE Law suit which open the door to allow for the adjudicator to make decisions on each Veteran who falls into this group.

I do believe that in Mr. Kenney's case he did not apply for sisip upon release - after learning of the success of the Law suit - he then proceeded to apply for sisip, and was told by sisip that he had missed the 120-day deadline for applications, therefor was refused benefits.
As far as I know - nothing in the MANUGE suit gave way to those who did not apply for sisip upon release - or within the time frame allotted to apply.
In other words there is nothing in the MANUGE case that was in the court order, that would open the door for the adjudicator for those in Mr. Kenney's position.

This is my understanding of why they have brought forward this latest proposed class proceedings.

Please feel free to jump in to correct any of my understanding of this - as I may have miss read the whole thing.

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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Sat 07 Feb 2015, 22:18

yes trooper I agree .

the initial suit opened the door for those that did not file anymore paperwork after the initial 24 months because they were getting nothing .

it did nothing however for those that never even filed the initial paperwork upon release because they were told they would get nothing .

that's what this lawsuit is about.

propat

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