Pension Error Letters

sgtppcli95 wrote:If you call the law firm or email them they will reply. They told me that that amounts back dated are the total received for awards.

I do not believe Awards are part of the class/settlement (even though this was indicated on one of the first FSA's).

file:///Users/Admin/Downloads/T-119-19-Doc-68.pdf

"Page: 10D.Included and Excluded Benefits
[30]The FSA includes a definition of the terms used, including “Affected Benefits”.
The list of Affected Benefits includes Pension Act benefits (e.g.disability, death, attendance allowance, Civilian War-related Benefits Act war pensions,Flying Accidents Compensation Regulations benefits and RCMP Disability Benefits awarded pursuant to the Pension Act.

[31]Through the process of document disclosure and negotiations, Class Counsel became aware that the alleged calculation errors did not affect some benefits: Disability awards under the Veterans Well-being Act, SC 2005, c 21(retroactive payments exceeded the value of the alleged underpayments); Escort and treatment allowances under the Veterans Well-being Regulations, SOR/2006-50and the Veterans Health Care Regulations, SOR/90-594(underpayments were not on a class-wide basis); and/orEducation allowances under the Children of Deceased Veterans Education Assistance Act, RSC 1985, c C-28(historical over payments were several times greater than the alleged underpayment amounts).[32]Class Counsel also discovered that compassionate awards, previously listed as a separate Affected Benefit in the Certification Order, were paid as disability pensions under the Pension Act and had already been included as Affected Benefits.
[33]Class Counsel explain that recipients of the above noted excluded benefits were not disadvantaged at all by the calculation errors addressed in the FSA"

I also received the following from Class Counsel:

"Simply put, those that are eligible will automatically be included. This class action is solely for the identified "indexing error" and does not include any other issue(s) that any one individual member may have."

sgtppcli95 wrote:If you call the law firm or email them they will reply. They told me that that amounts back dated are the total received for awards.

I'd like to know which amounts are being used in this calculation. I have read the docs front to back and I'm still not sure if they are including the disability award.

If you call the law firm or email them they will reply. They told me that that amounts back dated are the total received for awards.

sgtppcli95 wrote:Does anyone have an example of how this will be calculated?

I doubt there will be any info regarding calculations (and everyone's will be unique) if any, until after Mar 18, 2024. But if you or anyone else hears anything, pls post it. Tks

Does anyone have an example of how this will be calculated?

Here is a link with what I believe to be the latest info:

https://kmlaw.ca/cases/veterans-disability-pension-miscalculation-class-action/

"January 18, 2024

We are pleased to advise that the Federal Court has approved the settlement of this action. The Court’s Order will not become effective until March 18, 2024. Class Members who currently receive payments directly from Veterans Affairs Canada will automatically receive their settlement compensation later this year. For estates and other Class Members and their survivors who are required to file a claim form, those forms can be filed with the settlement administrator beginning on March 18, 2024. We will post more information about the claims process at that time. You can view a copy of the Settlement Approval Order here."

The last I heard about Manuge v His Majesty was the judge is still deciding on the final verdict.

Unless it's a lawyer rumors are just that rumors...and with all the class action lawsuits rumors are happening fast. Just like the new ships that are taking on water which requires holes in the hull (to drain water) to keep critical areas operational!

Teentitan wrote:Which one is this?
Logan, Manuge, Toth, Buryea v His Majesty?

It is confusing for sure.......it is familiar by different names.....vets pension error, Miscalculation of Disability Pensions Class Action, Manuge V The King etc.

CASE NAME
Manuge v His Majesty the King

COURT
Federal Court, Action No.: T-119-19

DATE FILED
Consolidated Statement of Claim, filed 30 October 2019

The FSA (Final Settlement Agreement) has been amended numerous times, which didn't help the confusion! Members included those of the VWA, then it didn't.  The effective dates (to and from) are inconsistent depending what one reads!  As far as I am concerned there were too many counsel's involved (5 separate law offices.....crazy!).  As the saying goes, too many cooks spoil the broth, which is a very good reason why the issue of the corrective measures going forward is now in question.

From my understanding the effective date for VAC to comply is March 18, 2024.  I believe after this date is when more accurate information will be available.

I read on another site someone claiming to have information......but he/she is the only person I heard of receiving information, which is why I am asking Veteran Voice/CSAT members if they heard/received anything.

Which one is this?
Logan, Manuge, Toth, Buryea v His Majesty?

I have read on another site someone receiving information regarding the Pension Error? He asked the originator about the calculation but was refused/denied how it was/would be calculated.

I have not received nor heard anything personally.

Has anyone received anything from VAC or possibly from counsel regarding the Pension Error class action? Thanks