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Increased Disability Award & Retro

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Post by bigrex Sat 11 Feb 2017, 18:44

One would think that it would be easier to be approved for DEC, because even being able to work part time, you still have a "diminished" ability, compared to a non disabled Veteran. Right now, if someone was deemed able to work 20 hours per week, they would not be classified as TPI.

My real concern with these changes, by putting more emphasis on employment capability vs level of disability, with words like Career Impact and Earnings Capacity, it leaves the door open, even if unintentionally, for some politician down the road, to cut off these benefits at age 65, like the ELB. It's a lot harder to argue that a 65 year old is no longer Permanently Impaired after 20-30 years, than it is to say that a disability no longer has an impact on a career, beyond a prescribed retirement age.
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Post by czerv Sat 11 Feb 2017, 13:35

"This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,
(a) replace “permanent impairment allowance” with “career impact allowance”;
(b) replace “totally and permanently incapacitated” with “diminished earning capacity”;
This is from that Bill C12
TPI into diminished earning capacity: sounds like it should be a no brainer; much easier? or just BS?

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Post by johnny211 Sat 11 Feb 2017, 13:11

Vet1234 - your point on being TPI, and having life in limbo, because VAC can change there mind is bang on. This is something that has been on my mind, and I'm sure most TPI Vets. We go Thur reams of medical, pscy appointments, paperwork, assessments, reassessments to get to the TPI stage. One can only hope they reword there own policy on this. None of us want to be permanently impaired, but if we are, and vac says we are, leave us alone,,..this old Rad-Ops rant for today, ok I might have more..lol. Johnny Out,,VVV
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Post by bigrex Sat 11 Feb 2017, 10:31

The issue I have with the whole suite of benefits argument defending the NVC, is that very few Veterans ever get the full suite of benefits. You see some getting ELB, but denied PIA. You hear about some getting PIA, but denied EELB. Then add in the fact that PA pension recipients are also eligible for every benefit under the NVC, other than the CIB, and you see the gap between PA and NVC Vet's financial support. In fact, in the Ombudsmen's report about the PIA, he stated that at the time of the study, there were more PA pension recipients getting PIA than those who had been given a LSA.
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Post by Dannypaj Sat 11 Feb 2017, 08:08

We are all in agreement that life is not linear?
Physical and mental wounds are harder to fix then one can imagine.
Money will not even fix the problem, but give us some stability.
My Pension Act buddy receives $5,000 a month for life! I receive way less and maybe for life! Things that make you go hmmm!

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Post by Dannypaj Sat 11 Feb 2017, 08:04

For the Pension Act members

Purpose

The purpose of this policy is to provide direction respecting the effects of an applicant or pensioner refusing to undergo medical treatment, surgical treatment or a major surgical operation, or a medical examination that is required by the Department.

Policy

Medical or Surgical Treatment
1.The disability pension to which an applicant or pensioner is entitled may be reduced by not more than one half if:a.the applicant or pensioner should undergo medical or surgical treatment; and
b.the applicant or pensioner refuses to undergo that medical or surgical treatment; and
c.the refusal is unreasonable.

2.Exception - An applicant’s or pensioner’s pension may not be reduced in situations where an applicant or pensioner refuses to undergo a major surgical operation.

Medical Examination
3.The disability pension to which an applicant or pensioner is entitled may be suspended if:a.the Department requires the applicant or pensioner to undergo the medical examination; and
b.the applicant or pensioner refuses to undergo the medical examination; and
c.the refusal is unreasonable.

4.The disability pension may be reinstated effective the date of suspension once the applicant or pensioner undergoes the required medical examination.
5.Increases or decreases to the disability pension amount may be required as a result of the medical examination. Such increases or decreases are payable the date of the pension medical examination or the date on which medical information establishes a change in assessment, whichever is the earliest date.

Notification to Applicant/Pensioner
6.Before a determination can be made that the refusal is unreasonable, an applicant or pensioner must be provided with an opportunity to provide reasons or arguments supporting the failure or refusal
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Post by Vet1234 Sat 11 Feb 2017, 07:58

I agree with one system for all.  That being said....  the nvc benefits look good on paper and in the bank, but the policy and legislative wording can make it difficult to ensure stability.   The lack of guarantee just put me through hoops renewing my mortgage.
My PIA says I'm impaired for life... but my elb  (the majority of my income)  has the caveat that it will be reviewed and if they decide that I'm not disabled, I will lose it.  Try explaining that to your lender.
"So you're permanently disabled and get a PIA/S for life, but if VAC decides you can work... now you don't get EELB.  But since you're disabled, you probably won't have the earning capacity you had before, thus possibly not have the ability to pay your mortgage."
No more security and all the caveats with NVC benefits confuse and turn off any lender looking for a guarantee of income, which a pension provides.
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Post by Dannypaj Sat 11 Feb 2017, 07:50

"But we also have to figure in SSIP, ELB, VIP and anything else you get, but that's what I get to date.  PIA next on my list".  

This is what I do not agree with!  The benefits have strings attached to it! Pretty sure the Pension Act guys don't have a suspension or cancellation clause on their pension?
Same goes for the PIA as well.

Suspensions - Veterans
6.EL benefits may be suspended if the Veteran fails to:a.notify the Department of any change to employment earnings
b.provide an annual statement of employment earnings
c.notify the Department of any changes to benefits or amounts from prescribed sources (see policy, EL Benefit - Determination of Variable “B”: Amounts from Prescribed Sources) other than increases resulting from indexation
d.provide annual statements concerning amounts from prescribed sources
e.provide any other medical reports or assessments needed to properly administer the EL benefit program, such as the status of health problem (s) for which the rehabilitation plan or vocational assistance plan was developed, or for which the EL benefit is being paid



Cancellation
11.For purposes of this policy, “Cancellation” means the termination of the payment of EL benefits at a specific point in time, usually at least six months from the date the EL benefit was suspended.
12.EL benefits may be cancelled (also refer to policy, EL Benefit – Survivors and Orphans: Division of Benefits) if:a.at least six months after the effective date of the suspension, the client continues to fail to provide the required information without a suitable explanation, or
b.the client provides false or misleading information which impacts on the client’s eligibility to or degree of entitlement to the EL benefit.
c.the rehabilitation plan or vocational assistance plan has been cancelled. The EL benefit shall end on the day the plan has been cancelled.

13.EL benefits that have been cancelled cannot be re-instated unless as a result of a review by the Minister.
14.On cancelling the EL benefit, the Minister must notify the client in writing of the reasons and effective date of the cancellation, and of their rights of review.

Cancellation of PIA
43.The Minister may, for the purposes of determining whether a Veteran may continue to receive the PIA and/or the PIA supplement, require the Veteran to undergo a medical examination or assessment by a person specified by the Minister. If a Veteran fails without reasonable excuse to do so, the Minister may cancel the PIA and/or the supplement.
44.On cancelling the payment of the PIA and/or PIA supplement, the Minister shall provide the Veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights for review.
45.In cases where the PIA and/or supplement is cancelled, the payment shall be discontinued effective the date of the next payment. Where an allowance has been suspended, the cancellation will be effective from the date of the suspension.
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Post by Guest Sat 11 Feb 2017, 07:37

Well I did not apply any interest on my calculations, so maybe you are right with the VAC example. That would be a lot of interest. Which is good.

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Post by Dannypaj Sat 11 Feb 2017, 07:33

I used the calculator provided on the VAC website and plugged in the numbers.
Maybe I missed calculated.
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Post by Guest Sat 11 Feb 2017, 07:06

Well not to be a ball breaker, but when I do the math I come up with a Lower number then you got which is worse for us all.  

25 years x 12 = 300 months
360@k divide 300 = 1200 per month

If my calucations are wrong I apologize in advance.

But we also have to figure in SSIP, ELB, VIP and anything else you get, but that's what I get to date.  PIA next on my list.  

No matter how you add it up there is a difference in PA Vets versus NVC Vets as we all know.  Dont get me wrong I am actually pretty happy with my current situation in regards to my support income wise as a NVC but the principle type of guy in me is not happy with the difference in income support between the PA Vets and NVC Vets.  If I was a PA Vet I would be fighting for the NVC Vets and I do know there are PA Vets here fighting for all of us, but it should be 100% of Vets together for an equal pay system.  It just blows me away how the GOC thinks this is fine.

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Post by Dannypaj Sat 11 Feb 2017, 05:28

Let me pull the wool over your eyes!

After April 1st 2017
$360,000 over 25 years = $18353.52 a year $1529.46 a month.

Prior to April 1st 2017
$314,723.89 over 25 years = $16,045.23 a year $1337.10 a month.

A total increase of $192.36 a month for the next 25 years, if you do not take from amount & assuming you are receiving 100%.

Or a PA member whom at 100% receives $2733.47(basic rate) a month for the rest of their life, no strings attached.

DO THE MATH!
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Post by Guest Fri 10 Feb 2017, 15:19

Lot's of different responses on the retro from VAC is right.

I'm still baffled as to why they would put up an example on their website for Months, and then remove that example with no explanation.

My bet is that the calculation will start at $360,000 and in REVERSE calculate the CPI and deduct it from the $360,000, EACH YEAR to calculate the percentage of your retro from the years new adjusted set max for which you received the award.

Looking at the legislation, and also from what was posted in this topic from others, and from other sites, this is my opinion.

However, I've been wrong before, and nothing would surprise me of what the final outcome would be.

Since we are not getting the same message across the board of what the actual calculation details, we band together here to share our thoughts and opinions on what those calculations will be.

So I say post away, that's what the forum is for.

This is what I found on another site today;

"As discussed here is some of the info you requested. I thank
you for helping me to understand it a bit better myself, hahaha,
and as always, thank you for the patience and kindness you've
shown to me and all the staff here at VAC.
• As of April 1, 2017, the new maximum tax-free Disability Award
amount (98% to 100%) will be $360,000 (up from the 2017 maximum
of $314,723.89). All other Disability Award amounts (1% to 97%)
will also be increased proportionally as a percentage of the
maximum $360,000 amount, e.g. 10% will be increased to $36,000.
• Anyone who received a Disability Award or Death Benefit prior
to April 1, 2017, will be eligible to receive a one-time lump
sum additional payment. This payment represents the total difference
between Disability Award(s) and/or Death Benefit that was paid
between April 1, 2006, and March 31, 2017, and the new amount
which will come into force April 1, 2017, adjusted by Consumer
Price Index for each year back to April 1, 2006 (the New Veterans
Charter came into effect April 1, 2006).
• To carry out the calculation, VAC will start with the new maximum
of $360,000 on April 1, 2017 and then apply in reverse the annual
consumer price index adjustment to determine the maximum rate
that would have existed each year between April 1, 2006, and
March 31, 2017.
• Every additional payment will differ depending on when the
Disability Award(s) was paid and whether it was one Disability
Award or multiple Disability Awards."

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Post by Gardener101 Fri 10 Feb 2017, 11:50

I have read the same thing that a letter will come out end Mar/early Apr and should see the payment by end of Apr. Reading on different groups the varied VAC responses to Vets' inquiries as to how the increase will be calculated. So many interpretations from the folks working at VAC.. Still looking to read the entire legislation that propat mentioned on 7 Feb. Perhaps COLA or interest paid on outstanding amount. Who knows. Not too much longer to wait but it would be nice to get more direction so that everyone can be informed . Cheers

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Post by bosn181 Fri 10 Feb 2017, 11:16

yes from what i been told by vac you get a letter before April 1 2017 and payment at the end of April 2017

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