New class action lawsuit for compensation due to not submitting doctor reports because of the offset being more than the LTD benefits.

See, I was of the understanding that the adjudicator was merely determining whether or not a person could have been totally disabled during the initial 24 month, but did fight for that determination from SISIP because they were zero summed, or the benefit was too low to bother due to the clawback. If someone already had the determination of totally disabled from SISIP, and have the proof that they are still totally disabled, everything in between shouldn't matter and reinstatement should have been automatic.

So lets see if I got this right, I was cut off LTD in 98. So if I win my appeal I won't be paid for the 16 years unless I got medical proof.

Thanks firebird for the clarification. Perhaps MC can advise on your compensation benefit scenario. It would be good to know if they think there is causation for a legal claim.

no worries teentitan , i just mentioned manulife as they are the ones who pay the LTD benefits. I agree that it is the government who is responsible and therefore should pay a compensation benefit to all those affected by the clawback who are zero sum and did not provide medical reports because of the offset.

Sorry Firebird my bad...thanks for clearing it up.

DG,

Not from the appeal date onward , from the first medical report stating inability to work. In my case I did not go to a Doctor because my VAC amount was higher than my LTD amount resulting in getting nothing. Only once the claw back was stopped I went to a Doctor. The Doctor could not state that I was in able to work for the past several years because they never saw me for that reason over those several years.

teentitan , I did not specifically mean Manulife. I meant those responsible for the claw back.

It will only be retroactive if you have medical reports for those years stating inability to work.

DG,

Not if the client does not have medical documents going back that far stating inability to work. In my case I did not get medical reports as I was zero sum so it would not matter. I got a medical report after the claw back stopped stating inability to work but that will not help for the years from when my first two years ended until when I got the medical report which was just after the court decision.

I really agree with the compensation Firebird.

But you are trying to punish the wrong people...Manulife did nothing wrong they followed the Treasury Boards policy for SISIP LTD as it was written.

So the TB is the guilty party not the insurance company.

I am confused firebird, if the LTD appeal via Laura Bruneau is successful would not the client get reimbursed from the two year mark going to present appeal date decision? This is the first time I have heard of the benefit commencing only from the appeal date onward. I thought it would be retroactive?

I think that there should be a fine imposed on manulife for their illegal action of counting the VAC disability benefit as income and that fine should be given to the client as compensation for the years lost of LTD benefits because the client did not submit doctor reports due to their VAC amount being more than the LTD amount thus resulting in getting no money from Manulife. If I broke the law by not giving people their money and was caught , I would have to pay the people their money and I would be fined for breaking the law. In my case I did not submit documents because I am a zero sum , I did submit a Doctors report after the court decision date stopping the clawback and it states that I can not work due to health conditions but that was years after my first 2 years , so if my appeal decision is based on that document and I get LTD benefits it will start from that time and I will get nothing from the end of my first two years to when my Doctor report was written. This time could be years for some clients resulting in a loss of thousands of dollars. I think that there should be compensation for this. Anyone else think this way.