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ELB Class Action Law Suit Settlement Reached

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Post by JumpingFool on Thu 13 Sep 2018, 14:20

ELB Class Action Law Suit Settlement Reached - Page 4 Class_11
if you got this then your in

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Post by JumpingFool on Thu 13 Sep 2018, 14:10

Just a question to all the powers that be on CSAt (God Bless Ya), upon release in 2003 I worked me arse off to obtain all the benefits me could> Upon a getting a pension of over 75% (that me time served, PFSA and VAC) I received a letter stating I was entitled to ELB but because I made too much I got tossed a lump o coal. So along comes the SISIP Class Action and KABOOM me gets a hefty chunk of coin and BOOM I gets LTD and applies for me CPP and the DTC and Boom gets more coin, here is the kicker I toss all that coin back to me SISIP over 23,000 K and another 4500 to the CFSA people, (who still to this day are doing a jig on me coin)
Sooooooooooooooooooooo, question???????? was any of that money paid back to these two losers a portion of the ELB interest? How will I ever know whom got me money? Cheers troops keep me informed will ya, nice chatting and way to GO CLASS ACTION, which I had no idea I was apart of untill me brudder toll me so.

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Post by bigrex on Thu 13 Sep 2018, 11:46

Yes, I know, and you still got to keep that tax free amount, because taxes were only calculated on the reduced ELB amount

lets look at it this way

Veteran #1 gets ELB, and a LSA

ELB $5000 - taxes (20%) = $4000 ELB payment

Veteran #2 gets ELB + $2000 PA pension.

ELB $5000 - $2000 = $3000.

$3000 - 20% taxes = $2400 ELB payment + $2000 PA pension

So out of their $2000, they were only benefiting from $400 of it, compared to a Veteran who had access to 100% of their ELB and a disability award.
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Post by Guest on Thu 13 Sep 2018, 10:56

Artie Simm wrote:
bigrex wrote:It will be taxed, because it's reimbursing money that was deducted from a taxable benefits. But it's not being reduced in any fashion, other than taxes.  So if you were on ELB, before the clawback ceased, they will pay you the amount of what you PA pension was at the time it was clawed back. So if your PA pension was $2000/mo, and you were on ELB for a year, before June 2012, ,you would get a settlement of $24000 before taxes.
how do you find out if you belong in the suit, and if you do, how do you enter it at this point?

But the money deducted was tax free...........

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Post by Guest on Thu 13 Sep 2018, 10:55

Here is QUESTIONS AND ANSWERS REGARDING THE PROPOSED SETTLEMENT

1. What is this class action about?
The Class Action was commenced in 2014 and is about three benefits available to Canadian Forces (CF) and war veterans: (a) the War Veterans Allowance (WVA); (b) the Canadian Forces Income Support benefit (CFIS); and (c) the Earnings Loss Benefit (ELB).

Before 2012, these benefits could be reduced by any disability pension benefits received by a veteran under the Pension Act. The greater the disability pension received by a veteran, the greater the deduction from his or her entitlement to the other benefits.

The class action alleges that deduction of disability benefits from ELB, CFIS, and WVA violated s. 15 of the Canadian Charter of Rights and Freedoms, which prohibits discrimination based on disability. The class action seeks damages and compensation for all class members who were subject to the deduction.

The Class is represented in the case by Gowling WLG and Michel Drapeau Law Office (“Class Counsel”).

2. What is the Nature of the Proposed Settlement?
Under the proposed settlement, Canada has agreed to pay $100 million to resolve the class action. The settlement will cover all claims for damages, compensation, legal fees, costs, and disbursements. $70 million of the total amount will be allocated to CF members who received a VAC disability pension under the Pension Act between April 2006 and May 2012 and who were also entitled to ELB and CFIS. The remaining $30 million will be allocated to war veterans who received a VAC disability pension under the Pension Act between April 2006 and May 2012 who were entitled to WVA.

3. Am I a member of the class?
Class members are CF or war veterans whose WVA, ELB, or CFIS benefits before 2012 were reduced or eliminated based on deduction of Pension Act disability payments. Most Class Members have been identified by Veterans Affairs Canada (VAC) and were sent a Notice in the mail in August 2016. If you did not receive a Notice but believe that you are part of the class, please contact VAC through your Case Manager or Class Counsel.

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.

4. Do I have to “join” the class action or make a claim under the Settlement Agreement for compensation?
No. All members of the Class have been identified by Veterans Affairs Canada 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 VAC through your Case Manager, or Class Counsel.

5. If I opted out, can I opt back in?

Yes. If you previously opted out, you may opt back in by submitting an “Opt-In Form” to class counsel on or before November 30, 2018. The form may be downloaded here: http://www.mdlo.ca/

6. How much money will I receive?
WVA Class members will receive a lump sum currently estimated to be between $2,000 and $2,500.

ELB and CFIS class members will receive payments proportional to their degree of disability, assessed under the Pension Act, as of the date of settlement approval. The payments are expected to range from $2,000 to $50,000.

These payment estimates could change based on further investigation of financial information and total class entitlement.

7. How and when will I receive payment?

In December 2018, the Federal Court will be asked to approve the terms of the proposed settlement. Once approved, payments from VAC are expected to be sent via cheque within six (6) months.

8. What happens if a Class Member dies?

If a Class Member has died since the first Notice was published on August 5th, 2016, the estate of the deceased Class Member may be eligible for the payment under the proposed settlement. Class Members who died before August 5th 2016 will not be eligible for payment under the proposed settlement.

9. .What do I do if I disagree with the settlement amount?

If you disagree with any part of the Notice of Settlement, including the settlement amount(s) payable, you have the right to present your objection to Class Counsel by November 30, 2018 or appear before the Federal Court on December 10, 2018.

If you wish to appear for the settlement hearing, you can either attend in person in Ottawa at the Federal Court of Canada located at 90 Sparks Street, Ottawa, Ontario or at Federal Court locations in other Canadian cities that will be linked in to the hearing in Ottawa through live video teleconference. If you wish to personally attend, we would ask that you contact Class Counsel, at the address below, by no later than Friday, 23 November 2018, so that arrangements can be made to ensure that appropriate space and video-teleconference capacity are available in the Federal Court location closest to you.

10. What are the next steps in litigation?
In December 2018 the parties will appear before a judge of the Federal Court at the settlement approval hearing. If the proposed settlement is approved, cheques will be mailed to Class Members within 6 months at their last known address on record with VAC

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Post by bigrex on Thu 13 Sep 2018, 10:29

Unless you know that you were having either a PA pension, or WVA, deducted from the ELB, I thinks pretty much a situation where you just have to wait. If you are part of the class, you are part of the class, unless you opted out. But even those Veterans are being allowed to opt back in.

See, my problem, is it says ELB is supposedly paid out to the date the rehab program was approved, but according to the application dates on MyVAC account, it's all screwed up. I applied for everything on the same day, when my CM came for her first home visit. But it say the rehab program was applied for in early March, ELB was applied for in early May, and CIA/CIAS wasn't applied for until July. So I have no clue if I'm part of the class or not, and if I am, whether I would be owed one month or three, of payments.
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Post by Guest on Thu 13 Sep 2018, 09:25

bigrex wrote:It will be taxed, because it's reimbursing money that was deducted from a taxable benefits. But it's not being reduced in any fashion, other than taxes.  So if you were on ELB, before the clawback ceased, they will pay you the amount of what you PA pension was at the time it was clawed back. So if your PA pension was $2000/mo, and you were on ELB for a year, before June 2012, ,you would get a settlement of $24000 before taxes.
how do you find out if you belong in the suit, and if you do, how do you enter it at this point?

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Post by bigrex on Thu 13 Sep 2018, 09:03

It will be taxed, because it's reimbursing money that was deducted from a taxable benefits. But it's not being reduced in any fashion, other than taxes. So if you were on ELB, before the clawback ceased, they will pay you the amount of what you PA pension was at the time it was clawed back. So if your PA pension was $2000/mo, and you were on ELB for a year, before June 2012, ,you would get a settlement of $24000 before taxes.
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Post by sailor964 on Thu 13 Sep 2018, 08:03

so it looks like less then half, and is it taxed?
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Post by Guest on Thu 13 Sep 2018, 03:39

Nemo wrote:
861Cook wrote:How does one know if they are part of the class action? I don't remember signing on?

In a class action you are automatically included if you meet what the class action is about. You have to opt out not to be included.

Did you receive ELB, CFIS or War Veterans Allowwance between 2006 and 2012?

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Post by Guest on Thu 13 Sep 2018, 03:38

http://mdlo.ca/class-proceeding-notice-of-settlement/

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Post by Nemo on Thu 13 Sep 2018, 03:12

861Cook wrote:How does one know if they are part of the class action? I don't remember signing on?

In a class action you are automatically included if you meet what the class action is about. You have to opt out not to be included.
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Post by 861Cook on Thu 13 Sep 2018, 02:06

How does one know if they are part of the class action? I don't remember signing on?
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Post by bigrex on Wed 12 Sep 2018, 21:08

I honestly don't know if this will affect me or not. I guess it depends on when retroactive ELB is paid to, the application date, or the approval date, since my ELB was approved only days after they made the announcement about ceasing the clawback, otherwise I was going to be zero sumed.
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Post by Guest on Wed 12 Sep 2018, 09:21

CLASS PROCEEDING – NOTICE OF SETTLEMENT
On Monday, September 10, 2018, Justice Kane of the Federal Court of Canada approved a Notice of Settlement Approval (“Notice”). The Notice announces that a motion will be heard before the Federal Court in Ottawa from December 10 through December 12, 2018, in which Class counsel will ask the Federal Court to approve a settlement that involves the Government of Canada paying $100 million to resolve the litigation.

The settlement proceeds will be divided into two separate funds, one fund for Canadian Forces members who were affected by deductions from Earnings Loss Benefits (“or ELB”) or Canadian Forces Income Support (“CFIS”) benefits between April 1, 2006 and May 29, 2012, and a second fund for war veterans who were entitled to receive a War Veterans Allowance (“WVA”) before 2012.

Based on current estimates, Class Members who received ELB or CFIS will be paid an amount based on their current Pension Act disability assessment ranging from $2,500 to $50,000 depending on their assessed degree of disability. Class Members who were entitled to WVA will be paid a lump sum currently estimated to be $2,500. The figures payable could change based upon closer analysis of class size and/or factors relating to individual entitlement.

The details of the settlement are in the English and French language versions of the Notice appended the Federal Court’s order, which you can click here: T-1068-14 Order.

The Notices will be published later this week in national media and copies will also be mailed to the last known address of Class Members.

Class members who previously opted out of the Class Proceeding will be entitled to opt back in to benefit from the settlement.

If you wish to speak to class counsel please call Gowling WLG at 416-369-6183 or Michel Drapeau Law Office at 613-236-2657, Extension 205. You can also email us at Veterans@gowlingwlg.com or Michel.Drapeau@mdlo.ca or Joshua.Juneau@mdlo.ca;


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