Earnings Loss Benefits and the Clawback of VAC Disability Pensions

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

Post by PipperNavy on Wed 21 Nov 2012, 21:07

Ok I found it Hope this still up todate :
Veterans:
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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 bigrex on Wed 21 Nov 2012, 21:56

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 Wed 21 Nov 2012, 22:10

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

Post by PipperNavy on Mon 26 Nov 2012, 19:12

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 bigrex on Mon 26 Nov 2012, 19:41

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 Mon 26 Nov 2012, 20:10

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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question on Retroi for ELB

Post by wawa on Tue 27 Nov 2012, 15:53

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.

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

Post by bigrex on Tue 27 Nov 2012, 16:50

we don't know yet. They said that they are still deciding. Maybe once the settlement is finished, they'll just tack that money into the budgetary costs of the payout.
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by Guest on Tue 27 Nov 2012, 17:54

Hey Rex my work sheet says EELB till (65) I also received a letter from VAC a couple of months back stating the claw back on my ELB has ceased. That's great since I never received a dime because I make too much. What does that mean and I was taken off VocRehab this year due to my health issues and (going on EIA). I was on VocRehab for at least 9 years, dotted my i's and crossed my t's ever since my release in 2003. Will i see anything in regards to a ELB retro?

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

Post by Teentitan on Tue 27 Nov 2012, 18:06

Got some info about retro ELB...

VAC is waiting for the Judge's final decision when it comes to retro pay. If we look at how VAC has been handling the ELB they are a few weeks behind what the DND does with SISIP. For example...

-VAC immediately ceased the clawback like the DND did for current members on LTD or ELB
-VAC reinstated ELB for those who were still injured beyond the 24 month period after release

So it is "common sense" that VAC will do retro to 2006. If I was a betting man I would bet that the memo to cabinet is written and all VAC is waiting for is the final decision by Judge Barnes in January.
So like the SISIP class the ELB class has to wait for the Judge's decision. Hope this helps ease some worries.
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by SITREP on Tue 27 Nov 2012, 23:04

Those are my thoughts to teentitan. If it wasn't an issue then they would never have halted the clawback on ELB in the first place. With that being said, as to pain and suffering I'm not sure we will qualify for that portion because we were not directly tied to the lawsuit. However our VAC monthly pensions should never have been considered income against our ELB, so this is why we will receive retro on that matter. Sound fair enough for an assumption?

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Any updates of ELB Retro?

Post by Meeko35 on Thu 21 Feb 2013, 02:05

Has anyone heard anything else on the issue of ELB backpay? Any updates? I no longer have a CM as she signed off of me in December. Said if I had questions/issues I was to contact the 1-800 # and someone there would assist. I am no longer on rehab since being declared perm disabled and she called up one day and said she was taking me off her sheet. Tossed aside again I guess.
Anyway, the call centre folks have not heard anything or are not willing to say anything. I was hoping someone here had some good news or at least a really good rumour. Could use a bit of sunshine. Thanks

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

Post by PipperNavy on Thu 21 Feb 2013, 02:49

ELB backpay .. This rings a bell Smile when i just started ELB this 3 months (Nov 2012) ago my CM said they had they were checking my file to see if i should recieve any elb payback .. seeing I did not I started fresh .. give them a call .
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Re: Earnings Loss Benefits and the Clawback of VAC Disability Pensions

Post by Maxed Out on Thu 21 Feb 2013, 10:53

:confused:I was to approved to get ELB, but because I now get the sisip payments started end Oct 2012. ELB was ended until sisip runs out??
I am a little slow to understand this topic.
Are you saying that ELB is being clawed back against sisip, the same as sisip and dva clawback??
If so in time I should I get sisip, ELB, Dva???????????
Please help me understand!!!!!!!!!!!!!!!!!!

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

Post by Teentitan on Thu 21 Feb 2013, 10:57

Maxed you cannot collect both. It's one or the other. So seeing as you were on LTD first and now it is re-instated you go back to SISIP LTD.

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