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Monthly LTD payments starting in January 2017

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Re: Monthly LTD payments starting in January 2017

Post by 1993firebird on Thu 07 Jan 2016, 09:04

I was told by law firm no fees after decision date on money paid. With respect to LTD back pay and ELB repayment I believe that VAC must provide documentation of ELB repayment and CRA will be required to return the income tax taken off of ELB as we are paying the equivalent income taxes on the LTD for the same years or the ELB repayment will be allowed as a income deduction.

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Re: Monthly LTD payments starting in January 2017

Post by bigrex on Thu 07 Jan 2016, 08:35

Firebird, I believe what was said was that the legal fees would not be taken from monthly payments going forward. After all, they are lawyers, so they probably wrote some legal loophole somewhere in the fine print that will allow them to do whatever they want, and since the money goes to them first to deduct their fees, what is to keep them from taking fees on the entire lump sum?
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Re: Monthly LTD payments starting in January 2017

Post by bigrex on Thu 07 Jan 2016, 08:19

Yes, I agree. Lord knows I argued as much in front of the judge when given the chance. Especially when repayments are having to be made, becuase SISIP will say that someone will be owed X number of dollars (gross amount), but will have 30% withheld for taxes, another 9% taken for legal fees, leaving them with Y amount. But then VAC will want the X amount paid in full. Then the Veteran has to go to CRA and hope that they properly calculate what taxes were actually owed, which can take several months. So unless the majority of SISIP retro is for years prior to getting ELB, some Veterans could actually lose money from winning their appeal.
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Re: Monthly LTD payments starting in January 2017

Post by 1993firebird on Thu 07 Jan 2016, 08:09

Legal fees up to May 30 , 2012 , the lawsuit decision date , after that no legal fees.

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Re: Monthly LTD payments starting in January 2017

Post by Guest on Wed 06 Jan 2016, 21:25

Yes, that's one thing the government should have covered! When I look back it feels like a very dirty thing not covering those legal fees

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Re: Monthly LTD payments starting in January 2017

Post by bigrex on Wed 06 Jan 2016, 21:13

plus McGinnis Cooper will be looking for their legal fees.
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Re: Monthly LTD payments starting in January 2017

Post by Guest on Wed 06 Jan 2016, 20:34

Sorry guys even when you win you lose would have been best for you's to never appeal, the whole adjudication was a scam some had so much to gain lost and the ones who had little to gain and won will also end up losing don't forget the taxes.

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Re: Monthly LTD payments starting in January 2017

Post by 1993firebird on Wed 06 Jan 2016, 18:46

This is why Judge Barnes needs to know as this lawsuit is far from over just like every battle does not end when the firing stops , there is always collateral damage and Sparrow is some of that damage. I would have also but Sparrow contacted VAC first and told me what she was told and I then decided that I will contact VAC when I get all of my retro and my monthly LTD payments start so that I am not left out in the cold on this one. I found out today that there are between 2000 and 2500 veterans who live in homeless shelters in this country. I ask this , " WHAT THE HELL IS WRONG WITH VETERANS AFFAIRS CANADA " ?

Brothers and Sisters in ARMS.

P.S. I need my Meds. LOL

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Re: Monthly LTD payments starting in January 2017

Post by Guest on Wed 06 Jan 2016, 18:10

We are in the predicament that firebird described whereby we advised DVA that spouse won his LTD appeal and now we have to repay 33K back to DVA for ELB received for the retro years involved in the appeal. We are still waiting to hear from the DVA Overpayment Unit on how they will garnish spouse's DVA pension. They have already ceased the ELB payments.  I hope they can not garnish a military pension. We are waiting for Manulife to forward the first installment of the retro money which should arrive hopefully by April and in turn we hope it will be enough to cover the 33K owed backdated otherwise not sure how we are going to handle this. FYI, we were told by DVA Case Manager to advise DVA as soon as we received confirmation of appeal decision of which we did just that to find ourselves in this situation of having no funds to pay back the ELB and no appeal funds as yet not to mention that monthly LTD payments won't commence until 2017..

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Re: Monthly LTD payments starting in January 2017

Post by Teentitan on Wed 06 Jan 2016, 16:05

Well when we were all in the military if your pay was screwed up and you owed the rule was this:

Your payback will be spread out over the amount of time it took the DND to find the fault. Example if it took them 14 months to discover the mistake you had 14 months to pay them back.

So I suggest you get on the phone and have a conversation with VAC about this.
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Re: Monthly LTD payments starting in January 2017

Post by 1993firebird on Wed 06 Jan 2016, 16:01

the problem is if you are receiving ELB from VAC and you tell them that you won your SISIP LTD appeal , VAC immediately stops your monthly ELB payments and SISIP is not starting your LTD payments until Jan. 2017 so you have to go a year without that income. Also VAC want's any ELB back pay back right away and SISIP is not providing LTD back pay until April of this year , just some , and more later in the year so if you can not pay right away and are receiving a disability pension from VAC they will keep some or all of it until the ELB is paid back in full.

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Re: Monthly LTD payments starting in January 2017

Post by Guest on Wed 06 Jan 2016, 15:40

Navrat wrote:I am wondering if this date is given because at that time
There will be no more sisip ltd because Vac is taking it over. Maybe that's the time needed for a transfer of the program from sisip ltd to vac elb and you guys will just get a lump sum and begin collecting vac elb

firebird read this don't dismiss it nothing else makes sense eelb will be the new ltd this along with other reasons is why mva is joint positioned with mnd to give him this power.

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Re: Monthly LTD payments starting in January 2017

Post by 1993firebird on Wed 06 Jan 2016, 12:51

insurance company , making money not paying money.

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Re: Monthly LTD payments starting in January 2017

Post by bigrex on Wed 06 Jan 2016, 09:52

I do not think that is an adequate excuse. If that had been the case, they would have delayed payments to everyone who has been reinstated since the lawsuit. After all, there are forms to declare all your current income from other sources, and even then, everyone will be getting their 2015 T4's in a few months, that would prove any income. And if it is a requirement for medical forms, then they should be sent out ASAP to those who were successful in their appeals, so maybe a delay of a few months, not over a year.
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Re: Monthly LTD payments starting in January 2017

Post by 1993firebird on Wed 06 Jan 2016, 08:41

Of course.

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