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Earnings Loss Benefits and the Clawback of VAC Disability Pensions

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question on Retroi for ELB

Post by wawa on Tue 27 Nov 2012, 20:53

Does anybody know if the money that was clawed back before they stoped when the judment came out, will it be payed back or not.

i was hopping it will be. i cant get an answer from va on this.

Pro Patria

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by PipperNavy on Tue 27 Nov 2012, 01:10

Make's sense!! and alot of changes are taking place in the next couple Months .. that will help out more Vet's Smile
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by bigrex on Tue 27 Nov 2012, 00:41

Ok, That is good for you. I know that my work sheet stated that my end date was when I turn 65. Maybe it gave the end date because I was already approved for EELB before they made the changes that made it possible for me to actually require a financial worksheet.
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by PipperNavy on Tue 27 Nov 2012, 00:12

I receive it and there was no* end date* on the financial worksheet . I phoned and asked why no end date and was informed that as long as I'm on this program there is no end date till age 65 . So that'll be 2029
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by PipperNavy on Thu 22 Nov 2012, 03:10

thank you for the good info Smile
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by bigrex on Thu 22 Nov 2012, 02:56

Pipper, it shows you an end date on the financial worksheet when you receive it. If it is only saying a few years, and you feel that you are totally disabled, contact your CM, and request an evaluation for TPI. They will likely send you for a functionality assessment with an Occupational Therapist, and send your Dr a form to complete. If those steps are already taken, you can go to the VAC website and click "my VAC account" link on the left. Once you are in there, it will tell you if you are receiving temporary or extended ELB.
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by PipperNavy on Thu 22 Nov 2012, 02:07

Ok I found it Hope this still up todate :
Veterans:
-------------------------------
1.EL benefits are payable during the periods where:a.the Veteran is participating in a rehabilitation or vocational assistance plan approved by the Minister; or
b.the Veteran is incapable of suitable gainful employment due to being totally and permanently incapacitated (see policy, Rehabilitation and Vocational Assistance - Totally and Permanently Incapacitated) because of the health problem which resulted in the need for the rehabilitation or vocational assistance plan; or
c.prior to reaching age 65, the Veteran has died:i.as a result of a service related injury or disease, or
ii.a non - service related injury or disease that was aggravated by service

2.Upon application for EL, EL benefits are payable to a Veteran from the date the Minister determines a rehabilitation plan or vocational assistance plan should be developed.
.
3.EL benefits may continue until the earlier of:a.the day the Veteran completes the rehabilitation or vocational assistance plan;
b.the day the rehabilitation or vocational assistance plan is cancelled;
c.in the case of a Veteran who was considered totally and permanently incapacitated, the day on which the Veteran is able to engage in suitable gainful employment; or,
d.the day the Veteran reaches age 65.

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by SITREP on Thu 22 Nov 2012, 01:35

PipperNavy that depends on different variables. Each case can be different.

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by PipperNavy on Thu 22 Nov 2012, 01:07

I just got approved ELB today from Vac , how long do I get it for ? thanx
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by Guest on Thu 01 Nov 2012, 11:42

Check out this Blog entree:

Writing to " The Honourable Mr. Justice Barnes" Do the Class members have a case for Damages?
by Joan of Arc

We need input ....

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by Guest on Fri 12 Oct 2012, 11:21

didn't get that oldschool here... thank you bigrex

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by bigrex on Fri 12 Oct 2012, 04:54

Yes, those are all programs provided by VAC. The rehab program is the first step. Once that is approved, and covers more than just retraining, You can apply for the ELB and the PIA + supp. Just go to the VAC website and it will explain the rehab and the other two (under financial benefits). But basically, if you have a severe and permanent service related disability, and have received a disability award or PA pension for it, you should be be entitled to these programs, especially if it keeps you from maintaining a suitable job. And all these benefits are stacked, so you could receive Your full PA pension, 75% of your pre-release pay increased by cost of living to today's rates, Until 65 if deemed TPI) between $559-$1677 for PIA, $1028 for the PIA supplement, or id you are pensioned at 98% or higher, you may get the EIA (Exceptional Impairment Allowance) which ranges between $449 -$1348. You should have a case worker assigned to you, and they should be able to help you sort through all of this, and if you get a good one, they can fast track stuff by sending it to specific people within the department.Plus a CM is allowed to authorize attendance allowance if you require aid with any of the ADL's, such as dressing or bathing, without having to ask for approval by HQ, and that could be an additional $269 minimum tax free.

Honestly, if it wasn't for the fact of the Lump sum awards, the NVC would be starting to be a pretty good piece of legislation.
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by Guest on Fri 12 Oct 2012, 04:19

thanks bigrex, thats all VAC right?

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by VetWife on Fri 12 Oct 2012, 04:07

Awesome, ok good, thanks for helping me understand this

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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by bigrex on Fri 12 Oct 2012, 03:57

PMED, they cannot refuse to send you the application. Call back and tell them that you want the application package for Rehab, ELB AND PIA. Then fill them out and then a faceless adjudicator will make the decision, NOT the person answering the phone.

Vetwife. That is good news, that means that he will be getting his full benefit at the end of the month.
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

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