Zero Sum Definition Appears to miss LTD disabled vets who make more money, DVA % came later

To show an example of how unfair ZERO SUM is look at the numbers.
cpl with 20 years of service partial injuries from wear and tear sore knees bad hearing. Never been overseas He is a 50% DVA guy med release 3b.

Capt with 20 years of service wounded in battle severe injuries multiple issues all battle related 85% DVA awaiting last 15% from adjudication at DVA. med release 3b

Cpl
34k x 75% LTD top up pay = 25k
34k x 40% med pension = 13k
DVA 50% = 15k
med pension plus DVA = 28k
this is a zero sum guy 100% claw back but he is not disabledi

Capt
85k x 75% LTD top up pay = 63k
85k x 40% med pension = 34k
DVA 85% = 28k
med pension plus DVA = 62k
this is not a zero sum guy he gets after tax 30 bucks a month from sisip for 2 years. He is full disabled.

ZERO SUM IS A BAD CRITERIA the last guy gets no automatic group 1 to 4 review with SISIP he is not in a group if he walked away from sisip..

Peep yes you can apply for adjudication if you meet a criteria listed they all say zero sum! or ya had applied for cppd. lose the zero comment and loads of us are in the class beyond 2 year gift, and they will be paying way more then 887 million. SISIP ensured we were pushed out cause there are allot of us who would get 100ks of back pay and 100ks into the future. It was an easy error to miss by legal and SISIP knew exactly what they were doing when they pushed the zero sum comment. In my case Id get $260k back pay and they would pay me 27k a year for a long time. when yo add us up we are going to cost them millions more if we are in.

Still reading this post and reading the proposed order.
From what Peter has said to me, you will have 30 days to appeal to a independent adjudicator.

Weather you have proof that you are class 2 or 4, it does not matter. What matters is where SISIP thinks you are.

If so apply rags. Time to start getting your info together.

My only issue is when ever I read any part of the agreement it always state ZERO SUM. I was not ZERO SUM I was 50 bucks short of ZERO SUM and after the 2 years elapsed I would have ended up zero sum but it ended by then. The key point I have is the ZERO SUM comment. It would be nice if the document did not keep on about zero sum as if it determines a fully disabled soldier the zero sum has everything to do with years of service and pay category not disability. Im concerned cause its not clear you have to read between the lines and hope common sense prevails. Furthermore to the other categories you stated 16 b 1 to 4. I never applied for anything I walked out of CPP office when I was applying for CPPD. I was too proud to admit at 38 I was done.

16 b paras i ii iii iv also are inclusive of those you speak of if they meet one of the criteria, or more...

It's a pretty inclusive and exhausting deal, considering that individuals and survivors have to be found, notified, etc...

Your thinking maybe 11 A and or B would cover the issue of a walk away cause of claw back and thus protected to refile..

Para's 11 & 16-20 should answer your questions, Rags of the proposed order/settlement

I would say independent adjudication is the most likely avenue, or the stated proxies, CPP disability, etc...

I emailed MC again no reply I emailed Peter Driscoll at MC and got a bounce back does not exist. Does anyone know if Peters account is off. im using peter.driscoll@mcinniscooper.com

Thanks Wills Ridge good reflection from your case. It would appear there is a hole in the settlement and im standing on it. The only option would be to submit to court the group 5 concept and hope judge sees the merit in the large amount of people who fall in the same place as me. I see from judges comments that presentations can be made at court and that would be the time to have my lawyer present, or I could do it. Drafting is not hard rather simple wording to amend it into court order as Group 5. Only issue would be the reason it should be accepted. I would need to hear from others who fall in same spot as I. They will not change the order for one I suspect. Not sure of MC would be interested in another delay of talks to add Group 5. I have E mailed them today. Not the first time i've contacted but never a reply. I have spoke to MC years go and never got a reply to that either.

it does sound like a circus i went 4 months before i could get them to send me an application becouse my CM said i was not allowed to apply.

propat

She was right, you have to be approved for the Rehab program before they look at you for ELB. You also have to apply for the ELB before applying for the PIA, But you don't have to be denied the ELB to get PIA and Supp. I know for a fact that this is true because I lived it in the Summer. After I could no longer work, I contacted VAC about the PIA. I knew that I would not be entitled to any money from the ELB because my PA pension and CF Annuity would exceed my 75% mark. I was told that I had to at least apply for it, even if it didn't give me more money, because that was the way the NVC was written. My CM came out and filled the paperwork out for all four (rehab, ELB, PIA and PIA supp) at the same time. I was approved for the rehab program and ELB three days after the announcement that they were ceasing the clawback on ELB. I was then approved for PIA and Supp a few weeks later. It seemed so seamless, but only because my CM was a Godsend. In fact since then, she has come to the house once every month to see how I'm doing and to see if I need anything else.

I cannot say what 'they' will do, I can only relate to you how it went for me. It seems that the rules are different for each office and each case manager.

Here's how it went for me:

Me, after researching the various benefits and determining, myself, that I was not eligible for ELB, but rather, eligible for PIA/TIS: "I'd like to apply for the PIA/TIS."

CM: "You can't."

Me: "But I meet the eligibility criteria."

CM: "Yes, but you haven't applied for ELB."

Me: "I know, I don't meet the criteria for ELB, that's why I want to apply for PIA/TIS."

CM: "You can't apply for PIA/TIS, you must apply for ELB."

Me: "But I won't get it."

CM: "I know, but after you are denied ELB, you can apply for PIA/TIS."

Me: "What the fuck, are you serious? I have to apply for something I won't get, to be denied, so that I can apply for the thing that I was eligible in the first place?"

CM: "Yes."

Shortly after that phone call, I got a shit gram from DVA talking heads about my conduct on the phone, and that if I persisted, all further correspondence would be in written form only.

So, to make a long story short, yes, I had to apply for ELB, be denied, in order to apply for PIA/TIS. It was a relatively short process, about six months from the started of the ELB application to receiving cash from the PIA/TIS.

And the gong show continues...

greatfoot i just had a hughe fight with them now my CM is gone lol and i have a new one.she seemed a whole lot nicer than the last lying peice of whatever.she came and i filled out everything elb pia and supplement all at once.so your saying they will do elb first and when denied and then do the pia?

propat

propat, yes.

What a gong show that place is.

greatfoot did you have to get turned down for elb before you could apply for pia?

propat