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ELB Class Action Law Suit

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Re: ELB Class Action Law Suit

Post by Teentitan on Mon 12 May 2014, 12:28

Couldn't agree with Nav anymore! Before the present President Gordon Moore the Legion was firmly in the hip pocket of VAC and the government.

Advocating for the Legion for the last 15 years involved when and where VAC was buying dinner and drinks.

I've sat beside Gordon Moore at Stakeholder meetings and he is into being a pain in the ass! Who exactly do you think nailed the point home on May 9 about Harper receiving the flag instead of our Commander in Chief? It was Gordon Moore that's who! If it was one of the last 4 Presidents they would have release feckn' doves the second Harpers hands touched the baton!

FYI meteck if your ELB goes up 10-25% over the next few years you can thank the OVO, the Veterans Stakeholder Committee, the advocating of all Veteran Organizations who have been pounding on VAC, GoC and testifying at Standing Committee's on Veterans Affairs to get you that raise to improve your quality of life.
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Re: ELB Class Action Law Suit

Post by bigrex on Mon 12 May 2014, 12:26

Meteck, I fully agree with Teen on this, CSAT and most other Veterans groups, including the Legion, the OVO and several MP's have all called for all ELB to be paid retroactively, so that it truly falls in line with the SISIP policy. It is nobody's fault, other than Harper's, that the Government has refused to budge, because even though it is a matter of fairness, there are no legal loopholes, that can be argued in court. Maybe our best chance to get this finally addressed, is to raise awareness of the topic again, closer to the next election. Then hopefully when the Harper regime is toppled in 2015, the new government will address the issue.

Because unfortunately right now, every Torie MP, upon hearing the word ELB, tucks into the fetal position, sticks their fingers in their ears and starts shouting "lalalalalalalalalalala", so they cannot hear your complaints.
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Re: ELB Class Action Law Suit

Post by Guest on Mon 12 May 2014, 12:16

Meteck, I feel for you guys, what was done with regard to the ELB retro was a major slap in the face to veterans but teen is correct , everybody has tried , legal firms have investigated this , and believe me if the law firms could make a dime off this issue they would, there is no chance of this being won in the courts, the only way to proceed is by gathering grass roots support for a change of government . Harper will never give in to this so find out if Trudeau or mulclair will change this. The legions a good organization that was built upon the past and is trying to fi d it's place post world war 2 era. I be
I've with this president they are moving in the right direction

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Re: ELB Class Action Law Suit

Post by Teentitan on Mon 12 May 2014, 12:06

Meteck I can't believe what you just said.

CSAT and in particular the staff of Veteran Voice have worked hard trying to get your answers and we did get you the answers you were looking for.

SISIP was defined as income in the policy. Whereas in the ELB it was defined as a benefit. That one word "benefit" is the reason no law firm will take this lawsuit onward to court. And it took a lot of harassment, letters, emails, discussions with the GoC to get that out of them. It was "leaked" that is why the ELB clawback will not be ceased.

The Legion and every veteran organization has fought and argued with the government about the ELB clawback and they are smugly saying "take it to court". They know they will win this one.

So I find it offensive that you would accuse all veterans of 'not caring' about this issue. We busted our ass off to fight for you and to get a final answer.

There are a lot of issues with veterans that all organizations are fighting to improve so please take off the myopic glasses and look at all the other issues I, and all other vet orgs, fight on behalf of veterans.
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Re: ELB Class Action Law Suit

Post by meteck on Mon 12 May 2014, 11:56

and specifically to the dominion president of the legion..i saw you sucking up to the brass all night sir...cant explain what that meant to me personally...disband the legion structure as it makes cronies just like politicians...pathetic

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Re: ELB Class Action Law Suit

Post by meteck on Mon 12 May 2014, 11:54

so this forum that was created to help get back the clawedback money from elb among other programs has turned into how to determine how much sisip fundage is available to those who have already recievd their coin...not to flog you guys but if that's all that's left of the push for fairness and equality for ALL VETS then im otta here..thanks for the help along the way to those who contributed advice and fact ..there is no fight left in here anymore and frankly after participating in the national day of honour parade and being invited to the gala affair that evening I realize that many of the top veterans in this country are already in the back pocket of the hand that feeds them. dennis manuge did his thing..he won..thankfully..but he also knew elb would take the lawsuit in a different direction and he smartly left that fight to the courts..we got shafted in the end..and I thought there was a chance to unite veterans together for a common cause..i was wrong..there greedy fuckin backslappers too...just like the rest of us...the legion is a joke as it pertains to helping vets in need..and this site has become obsolete..well done to those who got theirs...and too bad for the rest of us..Canadian veterans groups are so splintered and so bought out its a useless endeavor...cheers

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Re: ELB Class Action Law Suit

Post by Guest on Wed 07 May 2014, 20:06

no problem rifleman

propat

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Re: ELB Class Action Law Suit

Post by Rifleman on Wed 07 May 2014, 19:55

Holy frack good info PROPAT thanks

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Re: ELB Class Action Law Suit

Post by Guest on Wed 07 May 2014, 17:58

lol yup gotta love the way they right this stuff. and if they want ti hide something its in the regulations , amendments , attachments ore schedules if ya don't read em all they can get something by you real quick.

propat

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 07 May 2014, 17:50

OK that's good. Nothing like plain feckn' language hey propat???
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Re: ELB Class Action Law Suit

Post by Guest on Wed 07 May 2014, 17:23

no income of any kind is clawed back from PIA as it is not calculated but payed by table. no additions no subtractions no prescribed sources .


Permanent Impairment Allowance

Marginal note:Eligibility — veterans

38. (1) The Minister may, on application, pay a permanent impairment allowance to a veteran who has one or more physical or mental health problems that are creating a permanent and severe impairment if the veteran, in respect of each of those health problems,

(a) has had an application for rehabilitation services approved under this Part; and


(b) has received a disability award under Part 3 or a pension for disability under the Pension Act, or would have received such an award or pension but has not because

(i) the aggregate of all of the veteran’s disability assessments and deemed disability assessments exceeds 100%, or


(ii) the disability award is not yet payable because, in the opinion of the Minister, the disability has not stabilized.




Marginal note:Ineligibility — exceptional incapacity allowance

(1.1) A veteran who has received or is receiving an exceptional incapacity allowance under the Pension Act is not eligible to be paid a permanent impairment allowance.


Marginal note:Amount of allowance

(2) The Minister shall determine the amount of the permanent impairment allowance that may be paid to the veteran in a year. The minimum permanent impairment allowance shall be the amount set out in column 2 of item 1 of Schedule 2, and the maximum permanent impairment allowance shall be the amount set out in column 2 of item 2 of that Schedule.


Marginal note:Total and permanent incapacitation

(3) The Minister may, on application, increase the permanent impairment allowance that may be paid under subsection (2) by the amount set out in item 2.1, column 2, of Schedule 2, if the Minister determines that the veteran is totally and permanently incapacitated.









SCHEDULE 2

(Subsections 38(2) and (3) and 58(1), section 61, paragraph 94(c) and subsection 98(2))



ALLOWANCES AND BENEFITS







Column 1

Column 2


Item

Allowance or Benefit

Amount ($)


1. Minimum permanent impairment allowance 6,000.00 (yearly)
2. Maximum permanent impairment allowance 18,000.00 (yearly)
2.1 Permanent impairment allowance supplement for total and permanent incapacitation 12,000.00 (yearly)
3. Death benefit 250,000.00 (lump sum)
4. Clothing allowance 1,823.88 (yearly)

2005, c. 21, Sch. 2;
2011, c. 12, ss. 18, 19.

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like I said my CPPD was on my application for ELB,PIA and supplement and I am getting payed as per shedual 2 no deductions.

yup 100% positive

propat

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 07 May 2014, 16:31

I am talking about the PIA as someone asked. So I contacted the person I trust the most when it comes to interpreting the NVC.

The question was will CPP D be deducted from PIA. The answer was CPP is not/not deducted but the NVC says nothing about CPP D.

Make sure you look for CPP Disability when checking the NVC.
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Re: ELB Class Action Law Suit

Post by Guest on Wed 07 May 2014, 15:59

teen im a little confused are you talking about PIA and its supplement as in your posts ore ELB????

last time I looked im sure PIA and its supplement did not claw back ANY INCOME.

ive reported CPPD on application for ELB PIA and supplement and only ELB would claw it back if sisip wasn't already.

ive reported PIA and supplement to CPP they said that's not the type of income they are looking for.

I will check the regs later tonight ore tomorrow just to make sure im not missing anything but for now my statement stands at 99.9% sure hope to give you 100 % when I get a chance kinda busy.

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 07 May 2014, 15:39

Propat the regs do not say that CPP D is deductible or not. It only states CPP.
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Re: ELB Class Action Law Suit

Post by Guest on Wed 07 May 2014, 12:24

PIA and its supplement do not claw back for any other income.

CPP and CPPD do not claw back for PIA ore its supplement.

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Re: ELB Class Action Law Suit

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