need some advice

I wouldn't count himself out completely yet. He should still get his name in with the adjudicator, and she will decide if he, and others, who voluntarily closed their SISIP files, are entitled to at least their initial 24 months retro. The adjudicator will look at how many of these Veterans would have received any meaningful benefit due to the clawback, and then decide if would they have rationally made the same decisions if the clawback hadn't been in effect. After all, any decision made at the time, in regards to SISIP, was based on information available at the time, including that SISIP could legally deduct PA pensions. Since that has been corrected, and proven illegal, any decisions made to cancel SISIP coverage prior to 2012, would be based on erroneous facts, and should therefor be dismissed.

Maybe due to a medical condition he wasnt able to give consent to withdraw from sisip, this can occur with some mental conditions but he'd have to have supporting information from his medical history! Something I'd like to share, I actually was talking to my sisip cm since they answer me now that I got my retro and she has said that there is alot of " In her own words" People coming out of the wood works " since the pay outs have began. They figure a couple of extra thousand claimants by years end but they won't be included in the ones that must be completed by 15 of Oct!

ok thanks nav and sparrow and big rex..i guess he is out of luck...take care guys

Dzanzio, it's when you said that MC said they couldn't do anything that I believe he maybe out of luck.

No case, three guys I know at legion, same kind of case, could not be bothered to fill out their first medical forms , told sisip to shove it, they closed their files, now that law suit came along want back in, sisip said no and so did MC but hey every case is different, more people who can claim and get something out of sisip more power to them. I remember back in the day I wanted to give up sisip wasn't getting anything and VAC just put me on EELB and nothing from VAC either but my wife made sure I didn't and ensured I got the Doctor to fill out every medical form they sent me, right up until I was reinstated again or I was actually always on it, sisip just never wanted to pay, lol

hey big rex, thanks, thats exactly why he cancelled his sisip because they wouldnt give him anything and he was pissed...do you think he has a case

To me, the only way someone would not be covered, is if they had opted out of paying into SISIP when it was brought in. If you paid into it, and were released medically, then regardless of why you did not claim SISIP on release, that money should be yours. For all we know, the reason he closed his SISIP after release was due to making too much from VAC, so why go through the headaches of dealing with SISIP for only a few dollars.

ok thanks sparrow..the way i see it he paid into sisip for 19 years so he should be entitled to something from them...thanks for your help...hope your enjoying gan

dzanzio, I am not nearly as knowledgeable as many on csat however in my opinion if this Veteran was on the mailing list from the law firm and received all correspondence initially then in my view something is amiss with what he is being advised ~ I would assume that this Veteran has every right to appeal through the adjudicator regardless of his circumstances for cancelling his sisip policy. There are many different scenerios for disabled Vets and their Sisip issues. Please advise your friend to contact Dan Wallace at MC as he is the legal contact for the adjudications in the future and he will give him the correct answers either way .
 
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Sparrow

hey thanks nav, i guess that means he is shit out of luck then even for the intitial 24 months...am i correct

Your only entitled to the retro if your file was active and there was indeed a clawback of your VAC amount. There can't be a clawback of his VAC funds if he wasnt on SiSiP.

hey guys, i have a friend who got medically released in 96 and when he got released he cancelled his sisip and when he called to see if he was part of this lawsuit they told him no and gave no reason...i am not as knowledgeable as most of you on here but could someone offer up some advice on what he should do...he was on the mailing list from the law firm and got all correspondence and when sisip told him that he was not on the list the law office said they couldnt do anything for him..the only thing i can think of is that he is not part of the lawsuit because he cancelled his sisip when he got released.thanks in advance guys