ELB Class Action Law Suit

It'd be a miracle if the Minister settles. And I burned my opt out form. There's a zero percent chance I'd opt of holding the government to account!

unless of course the minister decides to settle.wouldnt that be nice,
did everyone get their opt out form hehe

Sailor

January 2017 has been set as the trial date. The trial is expected to last 10 days.

Any idea when the next court date for the ELB clawback is? Obviously Mr. Juneau must have enough confidence now with winning the case.

Thank you for that cut and dried clarity rex, it's what I've always understood.

As an aside, elb  "also deduct other sources of income, or income replacement, in order to keep their costs to a minimum."  
Me thinks sisip won first prize for doing that though . . .

Here is the thing. SISIP is an insurance policy that was originally intended for only those who had been released for non service related injuries, but was eventually changed to include all medically released, because the PA pension was proven to be woefully inadequate. The MND allowed for certain deductions by the insurance company, in order to keep the premiums at a low cost. It was a mandatory insurance policy, which had to be signed upon joining. It  So as long as the deductions fall in line with the wording of the policy, the policy is binding. So for those that are in receipt of SISIP, you are now collecting your full SISIP benefit, minus the legal deductions

The ELB on the other hand, is not an insurance policy. VAC was under no contractual obligation to introduce a benefit for wage replacement for those who were injured due to the service. But they realized that Veterans would require financial stability while enrolled in the rehab program, which it's main purpose is to reintegrate into society and the work force. If you are too disabled to be employed, you are entitled to income replacement until age 65 (age of retirement). They don't even call it Long term disability, because a person could get it for a couple of months, or up to several decades. We have not paid premiums for ELB, and VAC is not obligated to provide ELB to everyone. That is why there is an approval process. But they also deduct other sources of income, or income replacement, in order to keep their costs to a minimum.

LawnBoy

I'm not criticising you, but I have to be honest. I have no clue what your talking about most of the time. If at all possible please put things in a language the majority of us can understand.

There's are reasons why I was infantry 031, I can't swim worth a damn, I don't trust aircraft, I like solid ground, I'm not well educated and I loved PT, especially after a night of heavy drinking.

ELB + SISIP is a possibility. ELB is a copy of SISIP so it is likely non-indemnity which means loss cannot be quantified so is paid out based on a formula.

Therefore, you were not Compensated for loss.

Therefore, you can get both SISIP + ELB in the same way the Pension Act pensioner got the pension + SISIP. The pension indemnified for loss & the SISIP does not indemnify at all as it is non-indemnity (Sulz BCCA 2006)

bruce72 wrote:I received my letter today too.  The Harper government clawed back approximately $25,000 of my monthly disability pension while I was on ELB and to put it bluntly I want it back.

Letter? I better go check the PO.

Just for the record,  I did not collect SISIP at anytime.  I released, at the end of 2006, with a medical impairment rating of 20% (because I applied before April 1st) for my feet and knees and was awarded a monthly pension.
Subsequently, in 2008 I was diagnosed with PTSD at 25% and was awarded a disability award.
The Harper government ripped me off for 4 years at an average of $480 per month while I was on ELB. And I want it.

And yes im hammered, bbut I know what I'm talking about.

Robbie, even though you are part of this new class action, you have already received SISIP for the same time period between 2008, and when the SISIP/ ELB ceased, any ELB retro will be cancelled out. So the only benefit would be if the lawyers actually go for damages this time, which is doubtful. So this lawsuit will only benefit benefit those EELB recipients, who were not reinstated on SISIP, and those who received short term ELB while participating in the rehab program between 2006 and 2012.

Robbie

That is the amount that was clawed back from me from 2008 to when the claw back ended.

I've sent paperwork to Drapeau's law office, as well a spoke to a lawyer there, before they put a survey online for affected veterans.

The SISIP case was certainly a victory for some. To be honest, I'm still not sure why we were left behind in the SISIP case.

PS not asking so I can figure out what is owed I just don't understand this crap, 2003 medical  release old pensions act 901102 received sorted my crap out by 2008 was told qualified ELB but made too much so was TPI/EELB categorized (no increase just a label) SISIP Class Action award thought that was the end as I was placed back on LTD (never had it in the first place) got my CPP and DTC ended up paying back every cent of my CPP to bothe the CF and Manulife over 24,000 thats my biggest problem the frackers.

25,00 how did you come up with that figure Bruce

I received my letter today too. The Harper government clawed back approximately $25,000 of my monthly disability pension while I was on ELB and to put it bluntly I want it back.