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

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

Post by Trooper on Wed 24 Feb 2016, 15:24

It's the new way propat...I hear you times have certainly changed...you can thank the NVC for that...just because the NVC carries some good benefits...that doesn't mean it's good.

Gone are the days of one Veteran one Standard...what you will see from this government is the bump in ELB an perhaps SISIP...a few other new benefits just enough to make a lot of Veterans happy...but the question is happy for how long ?

One thing is for certain an that in no way has to be proven...the old pension act was fair ( Right Across The Board ) ( For All Veterans )
It was the time where the government an Veterans could say One Veteran .. One Standard.

Now it's all about getting Disabled Veterans back to work...sure they will allow for some benefits to continue "maybe" but what a Veteran gets from his or her disability should be left in place regardless of work capability .. there using this means of transition & rehab to make it sound as though it's better then the old act...when it's questioned  ...they acknowledge by saying yes...there's gaps that needs fixing.
But fixing gaps here an there is not going to fix the main problem...it will for a short period of time....but that's all it will do.

They need to revert back to the old act an upgrade that act with some good benefits from the NVC.
At least that's the way I see it.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Guest on Wed 24 Feb 2016, 15:54

I here ya trooper and yup that would be the perfect solution but the time for the art of the perfect has come and passed my friend if it has come at all. im afraid with all the political will to keep the NVC and none to get rid of it we are in to the art of the possible .

with the governments promises as stated a return of the PA pension is even if a longshot possible . as an option or not does bring equality back even if it be more fragmented and confusing than it needs to be.

here is ta hoping

propat

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

Post by Trooper on Thu 25 Feb 2016, 05:27

War vets' fight for benefits

Some military veterans who say they are so disabled by PTSD that they haven't worked since being released from the Forces will take their fight for long-term benefits to court Wednesday to argue they were wrongly shut out of support payments from Ottawa.

Stephane Hebert, who served in the military for 21 years before being medically released in 2007, is one of about a dozen veterans who have come forward so far as part of the proposed class action suit against the federal government.

Hebert, who served in Yugoslavia in 1992 and was later diagnosed with severe PTSD, said he didn't apply for disability payments because he was told wrongly that he would not be entitled to them.

He claims that when he eventually learned otherwise, federal officials told him he had missed a 120-day deadline.

"I was told I was not entitled to that, so in bouts of anger I just said, 'Yeah, I'll just leave it at that,'" the 48-year-old father said in an interview as he travelled from his home in New Brunswick to Halifax for the certification hearing in Federal Court.

"I had no choice today but to push for this class action for members who have been misled."

Dan Wallace, the lawyer handling the case, said the Forces's insurer led his client and others to believe they would not receive any payments based on calculations that used a formula that takes salary and pensions into account.

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

A spokesperson for the Department of National Defence said in an emailed statement that the federal government will oppose certification of the lawsuit.

"The Crown will submit that the common issues as presented cannot be determined on a basis which is in fact common to all members of the class," wrote communications advisor Laura McIntyre-Grills. "In other words, the facts of this case does not meet the test for certification of a class."

Fernand Kenney, a veteran who is named in the proposed suit, launched the case last year after he was similarly rejected for disability payments related to post-traumatic stress disorder and his service in Bosnia in 1993.

Kenney claims in a four-page application filed in Federal Court 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.

When he did, Kenney was also told he had missed the 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 know you're going to get zero dollars a month, of course you're not going to go through all the hoops and expenses of filling out all the forms," he said.

"They served for an extended period of time and paid into an insurance benefit and when they needed that benefit, it wasn't there for them."

A Department of Defence spokeswoman was not able to comment on the matter.

Wallace says Kenney, now 57 and living in Quebec, is severely disabled and has not worked since he was involuntarily released from the Forces in 2005. Hebert also says he hasn't worked since his release due to PTSD and physical injuries related to his service.

Wallace didn't know the dollar value of the case, but estimates Kenney and Hebert would stand to receive about $50,000 each.

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 for 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.

http://www.castanet.net/news/Canada/159199/War-vets-fight-for-benefits
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Dannypaj on Thu 25 Feb 2016, 05:44

The court room was empty? It should of been filled with Veterans row to row backing our brothers and sisters.
The judge, like I said in a previous post was going over the math portion of the case, basically 75% of $56,000 and some other calculations prior to calling a fifteen minute break. IMO the judge should allow this case to go forward, why not?
Navrat where were you yesterday ? lol
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Trooper on Thu 25 Feb 2016, 06:21

Good for you Danny for showing up an supporting the troops !

I agree this Suit should go forward...but this could all be avoided if the government would simply just support our Veterans instead of fighting them.
If a Veteran was medically released an can prove that because of their condition or conditions did not work since being released...the government should stand by those Veterans...not stand against them.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Dannypaj on Thu 25 Feb 2016, 06:49

I do what I can do at my capacity. Being unfairly discriminated against and medically (booted out )of the military, it is the least I can do.
Benefit of the doubt, that is all I asked for.
Why would they offer a cook position to someone with a back injury as an option of occupational transfer, what the hell is with that? So tired of going over and over in my head the way it is all unfolding and realizing how corrupt the Government of Canada is and how they purposely mismanages their troops.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Dannypaj on Thu 25 Feb 2016, 08:10

For those who know what I am talking about and have a filing cabinet of letters of "approvals" and "denials", which I am grateful for the approved "help" and baffled to why other claims are so hard to make the correct decision on in order for me to stop appealing "begging" and go on with my life!  
When your wrongly done by and you see their big smiley faces, Bullies is all I think! Why were they wearing pink anyway? Bullying the weakest.
Stand strong in your fight in "COURT", which is an oxymoron. Who controls the courts and pays their salaries? Are judges bias and fair towards Veterans as individuals, I would say yes. VRAB on the other hand, well WTFK.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by teentitan on Thu 25 Feb 2016, 10:37

Was there a number of vets that could become part of the class action brought up Danny?
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by Dannypaj on Thu 25 Feb 2016, 12:42

Teen sorry I don't have an answer for that.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by teentitan on Thu 25 Feb 2016, 13:10

Thanks Danny. Just wanted to know if it was a huge number that might give VAC the jitters of bumping the LTD/ELB to 90%. Haven't heard anything about financial benefits from anyone in VAC so it's a wait and see for March 22.
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by RobbieRoyal on Fri 26 Feb 2016, 08:39

that was my next question Teen, is this action suite going to delay this march deadline
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Re: Veteran launches review of decision to deny long-term disability benefits

Post by bigrex on Fri 26 Feb 2016, 11:35

Robbie, the budget will not be delayed because a decision from this lawsuit is still years away. And honestly, the budget is most likely already completed, except for maybe a few minor points. Right now they are more likely having everything translated, so that it can be released in both official languages at the same time. in fact i heard a rumour that some individuals have been shown what is in the budget already, but likely sworn to secrecy until the 22nd.
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