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ELB question

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Re: ELB question

Post by Vet1234 on Thu 18 Aug 2016, 18:12

This is some interesting stuff. I have no idea what you guys are talking about though...
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Re: ELB question

Post by LawnBoy77777 on Thu 18 Aug 2016, 17:52

I'm feeling bad about all the posts made quickly but the SISIP Class action was a farce. Sulz BCCA 2006 should have won the case on the 1st day.

The pension is damages in Tort & cannot set off SISIP LTD so you are allowed to get both.

End of story.

In Sulz, she got $950k, CPPD, RCMP pension, GWL LTD, & VAC pension.

Only deduction from her $950k damages was the Pension Act pension as you cannot get Compensated 2x for 1 injury. She retained GWL (a copy of SISIP), RCMP superannuation pension (same as CF pension) & CPPD ( same as SISIP LTD).

The opposite of Manuge's case.

1 level higher court & a year earlier. Why did the judge try to rewrite case law?

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Re: ELB question

Post by bigrex on Thu 18 Aug 2016, 16:27

Actually the ELB regulations refer to it as all employer sponsored LTD insurance plan, not just government sponsored. It's a catch all clause, becasue it would be impossible to list every possible situation. So even if you went to work at Canadian Tire, and had to go on their LTD program due to illness, it would still be deducted from ELB 100%, even though CT LTD isn't listed in the regs.

The only reason the SISIP lawsuit was successful, was because the policy stated, and still does, that income benefits under the PA were to be deducted. The judge agreed with us, that the disability pension, was NOT an income benefit, as it was not tied in any way to your military rank or income level. So therefor, the deduction of the PA pension, had been unlawful. If that one word had been omitted when the SISIP policy was written, I doubt that we would have won.
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Re: ELB question

Post by LawnBoy77777 on Thu 18 Aug 2016, 14:32

Ref my last, here is a video on it

https://youtu.be/1cVGJMIg4Oc

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Re: ELB question

Post by LawnBoy77777 on Thu 18 Aug 2016, 14:31

Bigrex, VAC cannot set off SISIP LTD as it is not stated explicitly in NVC Regs s. 22. That other gov LTD is obviously not SiSiP LTD as SISIP LTD is specifically stated 4 times as an offset in the NVC Regs BUT not in the ELB part. Parliament is presumed to use specific language in law for a reason. Add to that the fact that SISIP LTD in non-indemntiy & contributory (not cmpensation & bought), & you can get it in addition to Compensation for injury. Look no further than the Manuge case where the SISIP LTD & pension were payable. The Pension Act pension is Compensation to injury, loss or death (Sarvanis SCC 2002) & SISIP LTD can add to it (Sulz BCCA 2006)

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Re: ELB question

Post by Guest on Thu 11 Aug 2016, 22:36

firebird I had to do one a while back and haven't received a dime from them yet so not sure about every two years but ya may have to do one .

propat

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Re: ELB question

Post by Slaket on Thu 11 Aug 2016, 19:26

Bigrex

Many thanks. That clears it up..

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Re: ELB question

Post by 1993firebird on Thu 11 Aug 2016, 19:17

Yes , they confirmed that via email. Not sure if I will be required to get a medical report done every two years for ELB when I am not receiving any money.

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Re: ELB question

Post by bigrex on Thu 11 Aug 2016, 18:13

They are probably sending letters out to every ELB recipient, explaining the changes, along with a financial worksheet, showing the new amounts. At least now you know that they are aware that you are an ELB recipient, even if you're not currently getting any money.
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Re: ELB question

Post by 1993firebird on Thu 11 Aug 2016, 15:33

Spoke with VAC bigrex about ELB and LTD 90% increase , was told VAC will send me a letter explaining my situation with the increase.

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Re: ELB question

Post by Guest on Thu 11 Aug 2016, 15:20

ya what bigrex said .

propat

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Re: ELB question

Post by bigrex on Thu 11 Aug 2016, 14:42

Slacket, once you are deemed TPI, and placed on EELB, you are on it until age 65, except in extreme circumstances. But in the list of ELB deductions, it lists other "government sponsored LTD", which includes SISIP. So even though you are technically on ELB, your monthly SISIP payment zeroes out the ELB. But if at any time, your SISIP is cancelled, your ELB payment should kick in. That is why anyone who is on both, should get the difference between the 90% amount for ELB, and the 75% amount that they get from SISIP, until SISIP changes the policy
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Re: ELB question

Post by Bruce72 on Thu 11 Aug 2016, 13:43

http://www.veterans.gc.ca/eng/services/financial/cf-income-support

Hopefully, this will explain it better if you ever need to apply.

Cheers

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Re: ELB question

Post by Slaket on Thu 11 Aug 2016, 13:16

In order to apply for the CFIS  is says you must be on ELB and is income dependant. But while on SISIP LTD disability you can't be on ELB. Or that's the way I see ..
So I'm hoping my VAC TPI will look after me if I were to ever be dropped by SISIP.

Thanks
Slacket

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Re: ELB question

Post by Guest on Thu 11 Aug 2016, 11:17

Excellent help and support folks!

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Re: ELB question

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