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DEC and CIAS

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by 6608 on Tue 21 May 2019, 13:14

Folks a veteran being deemed DEC has absolutely no bearing on the eligibility for the CIA benefit. Since its inception the eligibility requirements for the PIA/CIA have not changed, and only with the recent change to APSC did they drop the requirement to be on a rehab plan from eligibility criteria.

Where being deemed DEC does help once you meet the eligibility for the CIA is that you can get the CIAS or may if applicable to you (time served/age) increase your grade level.

The main eligibility criteria for the CIA is having a severe and permanent impairment for which they have received a disability benefit. VAC did expand the definition of severe and permanent impairment when it was still the PIA opening it up to more veterans.




Cheers
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DEC and CIAS - Page 2 Empty Dubious honour

Post by 45jim on Tue 21 May 2019, 09:45

I am at a loss to explain the denial, especially when you look at the wording for CIA and DEC. I have to appeal it and that appeal has to be based on the legislation, in other words the legislation is there and the adjudicator failed to apply it properly in this case. How could anyone be one without the other?

Over 100% DA, 54 years old and 12 years of regular service. Was on Rehab but after two nurse assessments declared DEC and applied for CIA and CIAS.

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Ppclicaper on Sat 18 May 2019, 17:50

Not sure if this applies to your denial of CIA or CIAS , but I believe time served 25 years and age 60 (retirement) are factors . If any are applicable to your situation. I have also not heard of anyone DEC being refused CIA unless time served and age (retirement) are at there max factors. VAC website Q/A. Has good info. With all the factors involved in determining qualifications.

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DEC and CIAS - Page 2 Empty Weird

Post by derngt on Sat 18 May 2019, 15:31

45jim wrote:Like some here I was approved DEC prior to April 1st and applied for CIA and CIAS prior to April 1st. Both were rejected!

Looking at the Legislation for CIA and DEC its seems an improbable outcome. Called a Legion service officer for assistance with the appeal and I was told I was the fifth to call about the same issue. I wonder if this means a change in the adjudication of our fading CIA and CIAS benefit? Running out our appeals?

Your the first person I ever heard that was denied both CIA and CIAS...Were you on voc rehad when you applied...

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DEC and CIAS - Page 2 Empty CIAS Criteria

Post by derngt on Sat 18 May 2019, 15:22

I was approved DEC and my CIAS application went in March 8th..So it has been 10 weeks already. Is there a criteria in getting approved, has anyone been denied even though they are DEC..I also read in the Income Replacement Benefit - Transition Policy that an additional 1% is added for Career Progression Factor if you are DEC....Any thoughts..cheers

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DEC and CIAS - Page 2 Empty Update To CIAS info

Post by Ppclicaper on Tue 14 May 2019, 15:23

VAC states they are now processing applications dated February 2019. Applied 20 February 2019 . Went to stage 3 almost immediately. Wait time stage 3 also approximately 10-11 weeks.I would say with confidence another 3-4 weeks

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Guest on Tue 14 May 2019, 13:55

Gunner8 wrote:It’s been 10 weeks now at step 3.

Gunner

Yikes! What a Face OK. Thanks. I'll call at Christmas time...

Cool

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Gunner8 on Tue 14 May 2019, 13:52

It’s been 10 weeks now at step 3.

Gunner

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Guest on Tue 14 May 2019, 13:46

Gunner8 wrote:I called today and they told me that they will send a note up for them to look at it because it’s way over the 5-6 week wait time. Tried calling my Cm as well but had to leave a voicemail.

@Gunner8: How long have you been waiting? (I'm just trying to get a guesstimate for how much longer I may have to wait...)

Cool

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Gunner8 on Tue 14 May 2019, 13:05

I called today and they told me that they will send a note up for them to look at it because it’s way over the 5-6 week wait time. Tried calling my Cm as well but had to leave a voicemail.

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by bigrex on Mon 13 May 2019, 22:43

Yes, that second part of my post was addressed to 45jim, to help him with his appeal, but I'll make the separation more apparent.
.
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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Gunner8 on Mon 13 May 2019, 21:18

Okay. Thanks bigrex. I already get CIA level 3, I did apply for a increase tho when I got deemed DEC.


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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by bigrex on Mon 13 May 2019, 21:06

Gunner, it's because he was denied the CIA, because without that, you can't get the CIAS, even if deemed DEC.

@45jim - But honestly Jim , since you were already deemed DEC, the old criteria for CIA, were supposed to be applied, even if it wasn't adjudicated until April 1st. So you should have qualified for the CIA, simply on the fact of being DEC, even if at just the lowest level. But thankfully, you can still appeal, because you should have been approved, and if the legion rep is any good, he will be able to take this to VRAB.


"Pending applications
110 (1) If, before April 1, 2019, a veteran made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1, 2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(1) of the former Act. If the determination is made after March 31, 2020, it is deemed to have been made on that date.

Eligibility — veterans


  • 38 (1) The Minister may, on application, pay a career impact allowance to a veteran who has one or more physical or mental health problems that are creating a permanent and severe impairment if the veteran, in respect of each of those health problems,

    • (a) has had an application for rehabilitation services approved under this Part; and
    • (b) has received a disability award under Part 3 or a pension for disability under the Pension Act, or would have received such an award or pension but has not because

      • (i) the aggregate of all of the veteran’s disability assessments and deemed disability assessments exceeds 100%, or
      • (ii) the disability award is not yet payable in accordance with section 53.




  • Marginal note:Ineligibility — exceptional incapacity allowance
    (1.1) A veteran who has received or is receiving an exceptional incapacity allowance under the Pension Act is not eligible to be paid a career impact allowance.
  • Marginal note:Amount of allowance
    (2) The Minister shall determine the amount of the career impact allowance that may be paid to the veteran in a year, taking into account the potential impact of the permanent and severe impairment on the veteran’s career advancement opportunities. The minimum career impact allowance shall be the amount set out in item 1, column 2, of Schedule 2, and the maximum career impact allowance shall be the amount set out in item 2, column 2.
  • Marginal note:Diminished earning capacity
    (3) The Minister may, on application, increase the career impact allowance that may be paid under subsection (2) by the amount set out in item 2.1, column 2, of Schedule 2, if the Minister determines that the veteran has a diminished earning capacity.



Last edited by bigrex on Mon 13 May 2019, 22:44; edited 1 time in total
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DEC and CIAS - Page 2 Empty DEC and CIAS

Post by 45jim on Mon 13 May 2019, 20:58

Gunner8, I was told the same by my CM, who I lost after being declared DEC!

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

Post by Gunner8 on Mon 13 May 2019, 19:41

45jim. I was told by my CM that I will get CIAs. Anyone who was approved before April 1 should, if they applied prior to April 1!!

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DEC and CIAS - Page 2 Empty Re: DEC and CIAS

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