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

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sabrelove
Rags
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Post by Guest Wed 23 Jan 2013, 16:49

Rags, I am trying to decipher your posts but all i can do is give you my example and hope it helps:
I was being clawed back and still receiving 88 dollars per month. Each year when I would receive the paperwork fropm SISIP and have to go see a doctor and go through all the BS again I became dispondent to the point that I actually called SISIP and told them to close my file. I got the runaround and was told I had to contact a certain person to have file closed. I procrastinated and then received the letter regarding the lawsuit so i never did have them close my file (thank god). I now receive 1525 (gross) since end of clawback. All I can tell you is to keep or obtain ALL your medical info and call the lawyer. he can best look at your individual case file and advise. Don't let SISIP automatically deny you for anything until you have exhausted ALL avenues. Good luck and god bless

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Post by Guest Wed 23 Jan 2013, 16:36

pigeons, to get the PIA/TIS, I had to apply for ELB and be turned down for ELB because I am not 'rehab-able', and once I was turned down for ELB I could then apply for PIA/TIS.

Fantastic merry-go-round, isn't it?

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Post by bigrex Wed 23 Jan 2013, 16:20

Pigeons, rehab covers a lot of areas, including psycho-social. I was approved for rehab even though my CM knew that I was unable to attend any sort of schooling or be employed. They just didn't have the official declaration of TPI.

It probably depends on what your CM is willing to do for you.
bigrex
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Post by Guest Wed 23 Jan 2013, 15:31

You may qualify for the Earnings Loss Benefit if you are:
•a CF Veteran who is eligible for the Rehabilitation Program or vocational assistance services from VAC.

I'm doubting someone who is already TPI will be accepted for a rehab program.
This looks like an area where people will fall through the cracks.

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Post by bigrex Wed 23 Jan 2013, 15:20

I agree that everyone should have been given the option of resubmitting for future payments if they are currently totally disabled, but the GoC would never agree to that. Have you applied for ELB from VAC? It won't give you retro payments, but it will provide future payments akin to SISIP
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Post by Rags Wed 23 Jan 2013, 14:58

Sorry about confusion I am in the class for the 2 year gift give back. I should have been protected in the class to go back after SISIP for the future years as I am fully disabled under there rules. The simple fact that I got a few dollars more then zero for those two years leaves me out of the class for future help. there should have not been a zero argument but a disabled argument for the groups 1 to 4. Since that was neglected a whole bunch of fully disabled vets who never took SISP to task because all would be clawed back and during the 2 year gift we were not zero cause of rank and pay not disability.

Rags
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Post by bigrex Wed 23 Jan 2013, 14:51

Rags, you are still part of the class, even if you don't qualify for future payments. If you were ever on SISIP, they owe you for those 2 years. Or are you saying that you were not accepted by SISIP when you released? I guess I'm just confused
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Post by Rags Wed 23 Jan 2013, 14:29

I hear ya Bigrex makes sense to me. Regardless of that point you make which is valide. My point is about my ability to apply now not why I did not get back then. If I was at a different rank pay grade Id have been automatically in class action as a zero sum and automatically in the group 1 to 4. Because I was in different pay grade im automatically out. So im not getting caught up on the why i did not get SISIP 10 years ago I know why. Im arguing that now with this lawsuit id be automatically considered for future benefits and id have to apply but id be already accepted to apply had I been zero sum. Im not zero cause of pay thus im not in group 1 to 4 seems we have been missed out.

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Post by bigrex Wed 23 Jan 2013, 13:26

Just because you may be severely disabled does not automatically mean SISIP will deem you totally disabled. When I submitted my request to receive benefits beyond 24 months, they stated that the disability that caused my med release, my left knee, even pensioned at 33% was not creating a total disability. They totally disregarded all my other conditions that have led to an overall total disability, even though they had all been diagnosed and some were even pensioned well before the 24 month time period had lapsed.
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Post by sabrelove Wed 23 Jan 2013, 10:51

Hi Rags, you are right, I should have not used the word "refused", rather "chose not to or advised not to". That you were advised not to really pisses me off. That is just a lazy clerk and should have been fired for not doing their job! I remember talking a member into claiming Leave Travel Allowance years ago. After the math was done, he was only entitled to $3.85 and told me not to bother, it wasn't worth it. I told him it was my job to do it and even if it was just worth a beer in the mess, it was his beer to drink!

Good luck Rags.

Sabrelove

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Post by Rags Wed 23 Jan 2013, 10:39

Thanks propat, saber Maggie. I will see what MC has to say. If there are any other almost zeros out there who are disabled and said F it to SISIP sound in here

Rags
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Post by Rags Wed 23 Jan 2013, 10:37

Hey Saber, in some cases not just a refuse to pursue but SISIP told us not to bother applying cause we would be all clawed back. And if not all clawed back it was better financially for us to not deal with the few dollars SISIP would give us. When ya argue with them to pay us whats due and they see you have applied for 100% DVA just not approved yet they laugh and say you wont get a dime anyway we will claw it all back so dont waste your and our time. I was told directly that LTD SISIP was not for battle wounded overseas but for home front injuries not attributed to work like falling on ice in your driveway or car accident.

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Post by Guest Wed 23 Jan 2013, 10:31

ya rags get in touch with MC and see what they have to say it cant hurt.

propat

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Post by Rags Wed 23 Jan 2013, 10:26

MaggieNB I dont see a place for me cause the groups to reapply later are all zero sum people even a dollar kicks you out of zero sum and a buck is not worth bending over for SISIP when ya just want to come across the counter and kill them. So ya walkaway and forget about it.......till finally someone hears the injustice of it all.
If its vague then maybe lawyers should add group 5 those who appeal the cut off of SISIP late...ie 10 years late.
edit ad(lots of us ended up being zero sums later after the 2 years LTD SISIP post 99. we did not qualify anymore for SISIP when we finally got 100% DVA. I know there are many of us in this position maybe lawyers should protect us. Saber has a interesting point be sad to fight this all over when it was already won.

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Post by sabrelove Wed 23 Jan 2013, 10:22

I see, you are not a zero sum, rather you refused to pursue SISIP benefits due to the payments being less than $50 and not worth pursuing.

I looked throught the proposed order and it does not address Vets who withdrew from the SISIP program. I imagine that that situation was not considered during negotiations. I suggest you contact McInnis Cooper and pose your question to them to see if you could, in some way, be considered in this Class Action. Failing that, you may have a lawsuit on your hands in that, had you not had your DVA clawed back, you would have continued participation in the SISIP program and completed the required paperwork on an ongoing basis.

McInnis Cooper has a lot of background info on SISIP, so may take on your case.

Sabrelove

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