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CPPD and paying less legal fees

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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 18:32

I have no idea what your details are or were in this particular case! However, let me say this, your circumstances obviously warranted you receiving CPP on their merits alone! The government could care less weather you threaten them with legal action! They have more lawyers at their disposal than you can count! Regardless, in the end, you were approved and that's all that matters! ; <)

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Re: CPPD and paying less legal fees

Post by oldsailor on Fri 08 Mar 2013, 18:25

beleaf67 - Just one more thing. Its sometime hard for CPP to approve you. What I finally was for to do is tell them that I had a lawyer and that I would start procedures, and then I also ask them whom in the Ombustman depart that would be dealing with them, I also told the lady that had sent me that last letter indicateng again that I wasn't qualified that I would be addressing everything directly to her. I got a phone call about 3 weeks later from that same lady telling me that they actually agrred with me and they would start my CPPD immidiatly and retro for the two years that I originally applied.

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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 18:15

That's what I thought! So, that makes a huge difference. If you had waited, 2 years after being deemed disabled and then applied, my guess would be that they would retro would be up to 1 year, max, as a general rule. As a matter of fact, I do believe it's even written into the CPP Legislation! I can clearly recall reading that and in addition, the rep told me themselves. So again, as a general rule, they will retro you one year from the date of your application, unless you applied and it took them longer to make a decision due to appeals, requests for addition info, other delays, etc..., In that case, they recognize your date of application and award you the time it took them to make the decision.

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Re: CPPD and paying less legal fees

Post by oldsailor on Fri 08 Mar 2013, 18:01

beleaf67, thats correct, I applied 2 years prior to being approved, then they sent me retro those two years.

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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 17:15

oldsailor, from the sounds of it u applied two years ago, that's entirely different than waiting two years to apply!!

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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 17:11

Yes, it can go back the the date that u applied, but again the rule of thumb is one year, from what they told me!! Again, every situation is decided on it's own merits!! Additionally, the point to clarify is that if u became disabled 5 years ago, and decided for whatever reason to apply in the last few months for example, good luck in trying to get backdated for 5 years!! You may, but your chances of being backdated the further u go back, are not good!! The point being, apply ASAP in you're entitled!!

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Re: CPPD and paying less legal fees

Post by oldsailor on Fri 08 Mar 2013, 15:57

CPP'D doesn't only go back one year. I just received 2 years retro. They go back to the date that you have originally applied for CPPD. Dosn't matter what anyone else said. I received the 24 months + children porsion but you are not taxed on the child portion.

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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 15:29

Personally, I wouldn't do that! You haven't been approved for anything relating to CPP as of yet. The legal team and SISIP will tell you only one thing and that is to inform them ONCE YOU'VE BEEN APPROVED!! Otherwise, although there's little if any chance of this happening, you open yourself to the risk of a premature reduction in benefits based on false info. Somebody in SISIP for example could look at your file one day and determine that you're receiving CPP and deduct from your monthly check!! Stranger things have happened. So, wait until you get an approval and payment. That's only my personal take on your situation! I've had some strange things happen to my file when I was going through the CPP application process vis a vis the SISIP issue. For example, letters and phone calls asking me have I been approved, have I applied, etc... This way, there's no way having CPP gets deducted from your SISIP based upon assumption or presumption! Get your approval, then proceed.

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Re: CPPD and paying less legal fees

Post by Teentitan on Fri 08 Mar 2013, 15:14

Good advice above but right now you should identify yourself to the lawfirm immediately!

Fill them in that you basically have 2 claims (lawsuit, CPPD) being processed at the same time and therefore until your CPP D is done you want any SISIP money withheld from being sent to you so you pay the proper legal fees and taxes.
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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 15:00

Call Service Canada at 1-800-277-9914, talk to them, they'll ask you for identifying info, SIN, Address, Name, and they should be able to issue you a copy of the original 'Letter of Entitlement".

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Re: CPPD and paying less legal fees

Post by peep on Fri 08 Mar 2013, 14:54

The only think stopping SISIP from starting me now, is they want my original "Letter of Entitlement" from CPP (D).

Yes they explained me it would be deducted. That if they had payed me in advance, I would of owed them money once they receive the letter if it was back dated.

Redfisher this is what was explained to me.
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Re: CPPD and paying less legal fees

Post by beleaf67 on Fri 08 Mar 2013, 14:45

It is my understanding, and I've gone through the process, that CPP will only back date you one year, regardless of your previous disability qualification. When I went through the process 8 years ago this was what I was told by CPP. That being said, there are instances and circumstances, whereby rare exemptions are granted, but they deal with persons who were incapable of applying for CPP due to their disabilities, for example a brain damaged person.
The assumption is, that a person who has the basic ability to communicate can, should and could have applied for CPP.
Regardless, if you apply for CPP and qualify, you are not losing because you in effect would be receiving your funds from a second source.
Hope that helps!

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Re: CPPD and paying less legal fees

Post by 1993firebird on Fri 08 Mar 2013, 13:42

All very excellent points and intelligent questions for the criminals to answer.

Twisted Evil

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CPPD and paying less legal fees

Post by Redfisher1 on Fri 08 Mar 2013, 13:38

Hypothetically if one were to receive CPPD and it was backdated would the total amount of legal fees be less because SISIP would deduct dollar for dollar of the backdated CPPD?

For instance I am owed 3 years of retro from SISIP. My CPPD claim may go back those 3 years so on this premise I would think that SISIP would be off the hook for paying me the exact amount of CPPD from the Class Action and therefor that amount should be deducted from the $800 million payout. Times this by the number of Vets on CPPD equals a hell of alot of money taken off the $800 million.

Lets say my 3 years retro would equal $57 000.

Three years backdated CPPD equals $36 000.

SISIP deducts $36 000 from the Retro owed and therefor SISIP sends out a cheque for $21 000. So SISIP just saved $36 000 dollars from one Vet in the Class Action.

Now comes the tricky part. If SISIP is only paying $21 000 dollars in Retro then would the legal fees be calculated on the $21 000 and not on the $57 000? This equals less legal fees but it also raises the question of interest. Would the interest be calculated on the $57 000 or just the $21 000?

Plus if those who are getting going forward payments from SISIP but are also getting CPPD, SISIP is saving money. If there are 1000 or more Vets getting going forward payments and SISIP is off the hook for $1000 dollars a month for each Vet then SISIP is saving a cool 1 million dollars a month in payments from the 880 million of payout.

One million dollars a month equals 12 million dollars a year in savings for SISIP. So if they are saving this much money should the total payment of 800 or so million be reduced to reflect these savings? Plus would the lawyer fees be substancially less because of the CPPD?

If 1000 Vets are paid retro CPPD for 3 years at $1000 dollars a month this equals $36 000 000 that SISIP does not have to pay in retro.


Last edited by Redfisher1 on Fri 08 Mar 2013, 13:44; edited 1 time in total

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