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ELB Class Action Law Suit Settlement Reached

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Post by Peace on Thu 18 Apr 2019, 11:55

Bonjour,
Eclairez-moi svp!
Entre Novembre 2006 et aujourd'hui j'ai ELB.
Entre 2006 et 2012 j'avais une pension d'invalidité à 25% déduit de ELB.
Aujourd'hui j'ai la pension d'invalidité de 25%( entre 2006 et 2012) et 75% d'indemnité d'invalidité pour un total de 100%.
Ma question : est ce que je vais avoir comme remboursement le 25% ( 2000$ par tranche de 5%, ce qui donne un total de 10000$)

Je vais avoir un remboursement qui tient compte du grand total de 100% aujourd'hui ( 25%pension+ 75%indemnite d'invalidité= 100%)???
Merci beaucoup pour la réponse.



Peace
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Post by Guest on Thu 18 Apr 2019, 08:53

Riddick wrote:Hey Wildthing,

I never received ELB either.  I was encouraged to apply, which I did, but was denied.  I should have received!  I have received both letters and good reason to believe I am part of the class.  

There is a disclaimer regarding the letter(s):

Quote. Some veterans received Notices from VAC in error in August 2016 based on an over-inclusive notice program. If you received a Notice but did not receive, or qualify for, ELB, CFIS, or WVA between 2006 and 2012, and were therefore not subject to any deduction of Pension Act benefits during that period, you are not a Class Member and cannot benefit from settlement of the Class Action. Unquote

Hard to say if you are part of the Class Wildthing......but ...never say never.

Email sent never hurts to ask. Thanks again riddick, not expecting it doesn't hurt to ask though.

Guest
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Post by Guest on Thu 18 Apr 2019, 08:02

Riddick wrote:Hey Wildthing,

I never received ELB either.  I was encouraged to apply, which I did, but was denied.  I should have received!  I have received both letters and good reason to believe I am part of the class.  

There is a disclaimer regarding the letter(s):

Quote. Some veterans received Notices from VAC in error in August 2016 based on an over-inclusive notice program. If you received a Notice but did not receive, or qualify for, ELB, CFIS, or WVA between 2006 and 2012, and were therefore not subject to any deduction of Pension Act benefits during that period, you are not a Class Member and cannot benefit from settlement of the Class Action. Unquote

Hard to say if you are part of the Class Wildthing......but ...never say never.

I did qualify for elb but wasn't recieving it because i refused rehab, it didn't make any sense to put myself through something i could not do. I lost more than the clawback but that was the policy and the hoops of the day that determined if you got "just compensation".
Never did do rehab and i am eelb and should have been compensated after the nurses visit many years ago when i was completely immobile and spent a year confined to the inside of my house. I will contact them thanks Riddick.

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Post by Riddick on Wed 17 Apr 2019, 22:23

Hey Wildthing,

I never received ELB either. I was encouraged to apply, which I did, but was denied. I should have received! I have received both letters and good reason to believe I am part of the class.

There is a disclaimer regarding the letter(s):

Quote. Some veterans received Notices from VAC in error in August 2016 based on an over-inclusive notice program. If you received a Notice but did not receive, or qualify for, ELB, CFIS, or WVA between 2006 and 2012, and were therefore not subject to any deduction of Pension Act benefits during that period, you are not a Class Member and cannot benefit from settlement of the Class Action. Unquote

Hard to say if you are part of the Class Wildthing......but ...never say never.
Riddick
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Post by Guest on Wed 17 Apr 2019, 18:58

Riddick wrote:Justagrrl asked "Does everyone qualify under this Class Action? Or is it only for people who were on ELB?"

Not all vets are part of the Class, but, It is not only for people who were "on" ELB either.   There are and will be others who will/are be part of the class without having been on ELB  Most will have received a letter/notification, however:

All members of the Class have been identified by VAC and sent a Notice in the mail in August 2016. If you have not received a Notice but believe you are part of this class, please contact Class Counsel.

Michel Drapeau Law Office
192 Somerset West
Ottawa, Ontario K2P 0J4
Tel: (613) 236-2657
Fax: (613) 236-7476

Toll-Free: 1 866 263-1607
info@mdlo.ca
i was sent a letter but never recieved elb eelb till 2017 should have gotten it in 07 but said F rehab after they jerked my buddy around and skull F him.

Guest
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Post by bigrex on Wed 17 Apr 2019, 14:48

Riddick, basically, you need to have been approved for ELB, prior to May 2012, to be a class member, whether or not you actually received any ELB benefits. Because, there were only two programs, that were introduced by the NVC, that used the PA pension to reduce the monies paid, the ELB, and the CFIS, which is the program that is available, when you are no longer eligible for the ELB.
bigrex
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Post by Riddick on Wed 17 Apr 2019, 12:06

Justagrrl asked "Does everyone qualify under this Class Action? Or is it only for people who were on ELB?"

Not all vets are part of the Class, but, It is not only for people who were "on" ELB either. There are and will be others who will/are be part of the class without having been on ELB Most will have received a letter/notification, however:

All members of the Class have been identified by VAC and sent a Notice in the mail in August 2016. If you have not received a Notice but believe you are part of this class, please contact Class Counsel.

Michel Drapeau Law Office
192 Somerset West
Ottawa, Ontario K2P 0J4
Tel: (613) 236-2657
Fax: (613) 236-7476

Toll-Free: 1 866 263-1607
info@mdlo.ca
Riddick
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Post by bigrex on Tue 16 Apr 2019, 22:01

Yes, but since the only other NVC benefit that also deducted the PA pension, was the CFIS. But since you can only qualify for the CFIS, once your ELB is stopped, it's kind of a moot point. The amount that had been deducted, or for how long, or from which benefit, does not matter. Just that  that it had been deducted.
bigrex
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Post by Riddick on Tue 16 Apr 2019, 21:07

There are going to be more than those who were collecting or collected the ELB.

Essentially there are veterans who were eligible but did not qualify/collect:

                            "This class action addresses the claims of veterans who were in receipt of various benefits, including Disability Pension benefits and the Disability Pension amounts deducted from the other benefits which they received or were entitled to receive."
Riddick
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Post by Guest on Tue 16 Apr 2019, 13:43

bigrex wrote:No, it's only Veterans who had their ELB benefits reduced, by illegally deducting their Pension Act pensions, between April 2006, and May 30th of 2012, when the clawback was ended.

Ok thank you. Congrats to those of you who are eligible. Don't spend it all in one place. Cool

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Post by bigrex on Tue 16 Apr 2019, 13:41

No, it's only Veterans who had their ELB benefits reduced, by illegally deducting their Pension Act pensions, between April 2006, and May 30th of 2012, when the clawback was ended.
bigrex
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Post by Guest on Tue 16 Apr 2019, 13:32

Question (I know this is going to sound stupid)

Does everyone qualify under this Class Action? Or is it only for people who were on ELB? I am asking because I have been out since 1999 and the first time I was ever told of the ELB was October last year.

Thanks in advance...

Guest
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Post by bigrex on Tue 16 Apr 2019, 13:01

Yes, the lawsuit settlement should be based on the 100% pension, IF the entire 100% is paid as a disability pension, under the Pension Act, and not in part a disability award award, under the NVC.

Translated as
Oui, le règlement de la poursuite devrait être basé sur la pension de 100%, SI 100% est versé en tant que pension d'invalidité en vertu de la Loi sur les pensions, et non en partie en tant qu'indemnité d'invalidité, en vertu de la NCAC.
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Post by Peace on Tue 16 Apr 2019, 11:28

Bonjour Bigrex,
Pour bien comprendre,
Pension de 25% de 2006 à 2012.
Aujourd'hui pension de 25% + 75% ( indemnité d'invalidité) reçu l'année passée = 100% en tout.
Alors si je comprends bien le montant versé sera évalué par rapport au 100% et non par rapport au 25%.
Merci de me confirmer.
( Excuse me, my traduction!)


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Post by bigrex on Tue 16 Apr 2019, 11:14

I believe that they will use the current amount received under the Pension Act. So if you are getting a 100% pension Act pension, the settlement will be between $45000 and $50000.

It's not compensating for the money that had been deducted from ELB, it's compensating for the fact that any money was deducted, in the first place.


Translated to

Je crois qu'ils utiliseront la quantité actuelle reçue sous l'acte de Pension. Ainsi si vous recevez une pension d'acte de pension de 100 %, le règlement sera entre $45000 et $50000 .

Il ne compense pas pour l'argent qui avait été déduit d'ELB, il compense pour le fait que n'importe quel argent a été déduit, en premier lieu.
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