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without predjudice payments

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Sapper Zodiak
rucksack031
beleaf67
puddleduk2
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Post by puddleduk2 Wed 06 Mar 2013, 18:32

everyone should pull up the letter dated October 15th off of the LNVB site, read fully,

I understand my question poses and has lead to some confusion,

I am not aware of any zero sums under 24 months being sent any paperwork,

my question only has to do with those reinstated and the first 180 days of without predjudice payments as arranged by our legal reps..
puddleduk2
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Post by Guest Wed 06 Mar 2013, 17:35

belea you are correct.simply put if you have put in your paperwork and have recived a letter from sisip saying you qualifide to recive future monthly cheques then you are not reciving without prejidus payments you are now reciving your regular payments.

propat

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Post by beleaf67 Wed 06 Mar 2013, 17:00

puddleduk2, you're explanation more or less deals with the 24 month people who had their SISIP benefit deducted as a result of the VAC Offset! Yes, you are correct in stating that the Without Prejudice Payments will be eventually deducted from their retroactive sums, minus interest and/or supplemental top ups, once issued! So, in effect, those 24 month people who are receiving Manulife cheques at the moment, on a Without Prejudice basis, are in effect receiving a big percentage of their retroactive up front!
That being said, the continuation of SISIP payments after April 2013 is and has been confirmed by SISIP, the Federal government, and MC, by officially recognizing that the offset was and is illegal. Anyone who has been confirmed as TPI by Manulife, IAW the medical questionnaire, will continue to receive their monthly SISIP benefits, regardless of the eventual decision made by the courts regarding the negotiated settlement currently being analysed by Justice Barnes. The Federal government has already stated, in effect, that the offset was wrong and those so entitled to monthly SISIP payments, will continue to receive them, despite the final outcome.
There is no way, either legally, morally, politically or structurally that the vested parties could or would annul the benefit bestowed upon those who were or are affected by the VAC Offset!
So, in simple terms, if you are TPI, you will continue to receive your monthly SISIP benefit, after April 30th 2013, regardless of the eventual decision rendered by Justice Barnes!









beleaf67
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Post by puddleduk2 Wed 06 Mar 2013, 16:22

I marked the date on my calendar, and in seeing it, was concerned that nothing had been sent out from either the law firm or SISIP stating that the without predjudice payments idea was canned.
puddleduk2
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Post by puddleduk2 Wed 06 Mar 2013, 16:21

the October 15th letter from the firm, states that those that do not send in a return letter with the information as requested to SISIP, those payments will end on Feb 09, 2013, those people that do not comply only get 90 days worth of without predjudice payments which is deducted from their intial 24 months.

for those that comply, and send in their information and are indeed confirmed as being TPI (or TD) to SISIP's standard, those payments continue to the 180 day mark, if you are found not to be TPI and sent in your information then the without predjudice payments are taken from your intial 24 months owed to you.

these are in total the without predjudice payments as mentioned in the October 15th letter,

There is no mention in the legal firms letter (Oct, 2012) to state or the letter I also received from SISIP confirming that I am TPI (Dec, 2012) to contradict the stated date of April 2013 for those payments to cease if no agreement is in place.

It would be good to have confirmation that the letter from the law firm is outdated in black and white, and confirmed that it has evolved into something that doesnt involve having the current payments again withdrawn.

puddleduk2
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Post by rucksack031 Wed 06 Mar 2013, 15:48

Yes beleaf67 thats 100% of the way I have understood it, no more for myself to add you nailed it tks. Rucksack 031
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Post by Guest Wed 06 Mar 2013, 14:22

Yes it does beleaf and thank you that makes perfect sense to me and I hope others with the same questions. I appreciate you clarifying this for us. Thank you. I will copy and paste your response to other thread if you don't mind. Sparrow

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Post by beleaf67 Wed 06 Mar 2013, 14:19

I received my TPI Letter back in December. It simply states that due to my disabilities, I was considered TPI and that I would have to submit an updated medical questionnaire approximately 12 months from the date of that letter. So, yes, payments will continue for those who are classified as TPI up until the age of 65 if my disabilities continue to define me as TPI.
The so called Without Prejudice Payments applies to all members up until April 30th 2013, who have not submitted their required medical questionnaires or who have not been deemed TPI. The so called Without Prejudice Payments simply means that they, meaning Manulife, will continue to issue monthly cheques until the member submits the provided medical questionnaire and the member is deemed TPI, or the member is not TPI! Without Prejudice Payments was and is a goodwill provision from Manulife, as negotiated by MC, that basically offers the benefit of doubt to the member until his/her medical condition warrants a TPI category!
Hope that helps!

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Post by Guest Wed 06 Mar 2013, 13:51

Sent email to legal posted on other thread

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Post by Guest Wed 06 Mar 2013, 13:44

They will be some really angry people if the law firm did not tell us this and monthly payments stop!

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Post by Guest Wed 06 Mar 2013, 13:35

And also McInnes Cooper should respond to this as well. I will email legal with this reference and concern and advise if I get a response.

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Post by Guest Wed 06 Mar 2013, 13:30

that is a very good question, puddles, it sounds like they will if no deal, has any one contacted sisip .

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Post by puddleduk2 Wed 06 Mar 2013, 13:26

copied from leavenovetbehind, letter to the class dated October 15th, 2012

"(Y)ou will not be required to provide medical or financial information in order to start receiving the LTD payments for the initial 90 days.

On or before February 9, 2013, claimants will be required to fill out and return a Declaration to Manulife Financial providing a status update on their medical condition and financial circumstances for the purpose of continuing the without prejudice payments. The Declaration will be provided to the members by Manulife Financial on or before November 9, 2012.

If the Declaration indicates that the claimant’s medical condition and financial information have not changed since the closure of the file, the claimant will not be required to provide additional information to Manulife Financial.

If the Declaration indicates a change in the medical condition and/or financial information, Manulife Financial will require the claimant to provide additional information.

In the event the Declaration is not supplied by February 9, 2013, the monthly LTD payments would cease.

If the Declaration is submitted by February 9, 2013, Manulife Financial will continue to pay, on a without prejudice basis, the monthly LTD payments until April 30, 2013, for a total of 180 days."

As I have submitted my paperwork, and been declared as continuing to qualify, will my payments cease as of April 30th???
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Post by puddleduk2 Wed 06 Mar 2013, 08:31

if it hasnt been stated in plain english, and in the obfuscated previous legal statements on what was included in the settlement terms it was only granted or arranged for six months of without predujudice payments,

I cannot assume that the payments will continue after March if no agreement is in place.

obfuscated is like saying no legal costs or fee's will be taken from future payments, then after adding a comma or two, that they will be taken now based on future amounts.
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Post by puddleduk2 Wed 06 Mar 2013, 07:53

found the letter, had my brother check it as well,

it states that i can expect my payment within the last week of each month, but nothing mentioned in it contradicts what the law firm arranged for the without predjudice payments.

The only mention of 12 months in my letter is in saying that my medical review will be within that time frame.

In this I can see the inference that payments would continue beyond what was ordered, but not stated in the letter is that SISIP would have the right to discontinue the payments if a decision is/was not rendered within the six months as arranged by the notes sent out from the law firm.


Last edited by puddleduk2 on Wed 06 Mar 2013, 07:54; edited 1 time in total (Reason for editing : removal of 'the' before 'that time frame')
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