On another SISIP Clawback situation.

wow that sounds great.

propat

Propat...I should have stated that I rec;d benefit through 2 different plans...same company...My military is deducted...However, my Atomic Energy pension is not. I am allowed to make up to 85% of my pre release income

derngt they are both deducted dollar for dollar on the initial ammount payable to the member.however over time you get indexing witch sisip does not deduct so over time it looks like sisip is taking less but its still dollar for dollar of the initial amount.

propat

OOPS I stand corrected. Just found the paperwork....CPPD is deducted dollar for dollar. On another note. When I was approved for CPPD, part of the award was monies for dependants. I fought Manulife for 3 months, they stated that the child portion of CPPD was considered income. In the end I won. However, I am sure the same has happened to others..Again this is Manulife/SISIP takening advantage of not knowing the rules...

The key to the argument is does it fall into a catagory that would make it replacement income or income assistance. No court has ever let "pain and suffering grants" be used as income. This was the lynch pin in the law suit. The argument was always a lose for SISIP as no court has ever let these types of grants be used as income. As we know DVA has always been a Pain and suffer grant "Gift of Canada for suffering". If you read why DVA gave those moneys in the original proclomation in law back in 1919.

The example is if you are in an accident and win the law suit for damages you get "damages" income replacement and medical and repair of your car. And also you get "Punitive" damages and "Pain and Suffering". Pain and suffering is never taxable. So if you get 500k damages and 200k is pain and suffering you pay taxs on the 300k not the 500k.

Yes, the SISIP policy has not been changed due to the lawsuit, only their inclusion of PA pensions under their definition of what is a "income benefit" under the pension act. Since the PIA and supp fall under the NVC, which is not listed in the SISIP policy, SISIP cannot legally reduce or even try to reduce LTD by those amounts.

Redfisher sorry for taking so long to get this answer for you...

SISIP now only deducts the following:

Military Pension
CPP Disability
Gainful Employment

Gainful Employment deduction rules:
a) if you participated in the SISIP rehab program it's 50cents on the dollar until it reaches your LTD amount then it's zeroed out.
b) if you did not participate in the rehab program it's dollar for dollar.

So NO benefit payments from VAC will be deducted from your LTD. Hope this helps.

marine you got that mixed up with the old one.

sapper you are entitled to apply so pleas do so.

the hardest thing to do in my situation and many others i know of is to get the application.

keep calling and asking for the application as everyone i called wanted to send me the application but it was allways stopped by my CM.

keep sending her the info contained on the DOJ and DVA websites as to hwo is allowed to apply.send these to her boss as well.get as many vets as you can in your area to apply as well and do the same things.

this approch takes a little time but does work and as a matter of fact gets your area a new cm ore at least in our case it did.

i am now qualifide for ELB and am waiting a dissision on pia and suplement.

i now also have the nicest CM on the planet.we all do.

and hey you may have a nice one now and not have to go through all that bs for months just to get the application.

propat

Sapper Zodiak PIA is available when the member is 98 percent or more. Then your case manager gets an alert and sends a questionnaire that you and your doctors fill out. It is ten questions. The scale goes from 5 to 1. 5 being the least and you dont want to be a 1. I was assesed at 4 which entitled me to 640.00 a month. Hope this helps.

I beleive if the benefit is there then one should apply. The reasoning is this, if you were injured and could apply for VAC disability then you should apply. So those of us who are recieving VAC benefits are doing so because they were injured. Any other additional benefit on top of this is there for anyone who is suffering and cannot get gainfull employment which is a hell of alot of us. This benefit is there so you can continue your life as if you were working and getting promoted which means you would get extra pay.

Since we are 3b released we no longer are working and not getting promotions which would be more pay. These benefits are there to compensate for that so you and your family should not have to suffer a lower income level because of your injury.

There is no shame in recieving what is offered for your injuries sustained while on duty. And we should not be penalized because we are injured. SISIP just found that out! So apply and all they can do is say 'No'. Then if you are not satisfied then appeal. From my understanding most will have to appeal as it seems the first application is usually stamped 'no'.

I must admit that I am fairly stoic and don't like to be labelled as disabled. I do qualify for benefits like VAC, Sisip, CPP D, and the DTC because of my disabilities, but it is very hard for me to let others know how bad I have it. I put on a brave face and down-play my disabilities, but don't want to miss out on any benefits I may be entitled to. I am 80% VAC and have many other injuries/disabilities that happened out of the military. How bad does one have to be to qualify for PIA and the Supp?
Zodiak

PIA and the supp is taxable, but is not counted as income when calculating SISIP or ELB. So everyone that is getting SISIP or ELB should apply. The only problem is not all CM's at VAC believe Veterans getting only PA pensions are entitled to the benefit, even after the regs were changed to allow them to apply, and have set up unreasonable roadblocks for some.

? derngt ?

were you a Pte with just a few years in?

I get CPPD and manulife same as SISIP. The clawback is not dollar for dollar in my case.

I am in receipt of PIA. It is added to my monthly VA AWARD and is not taxable. SISIP is not clawing this back. Hope this helps.