Appeal (SISIP) (Assorted Topics)

I think DJHatman works for the law firm as he seems to think that just because they won the law suit that they should get legal fees on money from 2012 onward, if someone puts an appeal in for LTD in 2020 for retro going back to 2012. Yes MC got the clawback stopped but just as going forward payments from 2012 and onward are not subjected to legal fees neither should retro going from 2012 forward , July that is.

I would agree that the third party adjudicator is the way to go. She will not have any hidden agendas, like saving the insurance company money, when making her decision. While the SISIP appeal process will likely be fixed, with the decision often made before the application is even sent. In fact, the only reason they even offer an appeal, is they are legally obligated to offer it.

got it its july 2012.

propat

Para 30 and 31 of the court agreement have the day for consideration of legal fee's, anything beyond those dates would have to do with your reinstatement date I am guessing, any amount from there forward would be yours sans legal fees..

well it should be May 1, 2012 but i cant say for sure.

propat

Any amount clawed back are subject to legal fees, its simple, if it was not for the law firm you would not be getting anything!

I think a better chance is through an independent adjudicator as well. I am zero sum. On retroactive pay , what is the cut off date for legal fees being taken by MC? I mean if someone appeals LTD in 2015 and retro goes back to 2000 ,the clawback was stopped in 2012 ,so does MC get legal fees from 2012 to 2015 from that retro which is not part of the settlement amount?

some guessing:?? you will have a better chance with an independent adjuticator but no one knows yet becouse no one has been through it.now as for any monthly ammount you would recive after the clawback of dva well if you are zero sum its moot if not i see nothing in the legal documantation that says they can touch that in fact quite the contray so im 99.99% sure they cant touch that even if you use the independant adjuticator.

propat

firebird the lawfirm will take its leagal fees for all the retro from the clawback of dva no matter what way you go.

hope this helps

propat

I recently was denied TPI past the first 24 months, 2009 to 2011, and I was informed that I can appeal through SISIP or through MC. If I appeal through SISIP and my appeal is denied will I still be able to appeal again with the independent adjudicator? Also if my appeal is granted through SISIP will I have to pay legal fees as I did not go through the law firm? I am not sure if there is a difference in appeal process's with respect to fairness as my past experience has always been that the corporation that you are filing a claim with almost always denies it and then there is another section within the corporation that helps you to appeal that denial and most times it is denied again because it is all about money. Now the law firm is all about money too but getting it not giving it , so I may have a stronger chance getting TPI through them as I assume that if I do go through the law firm I will have to pay legal fees going back from the current time to 2011.

Thanks K9 will look into that as well.

I'm no longer in Ontario and have been living in Newfoundland for the last 10 years.

I'm going to keep at it until I know with absolute certainty whether I'm entitled to anything or not.

Bolt you live in Ontario where there are many Lawyers that will do it for free. So why pay anyone they need the exposure and must do so many pro bono hours. So call around or go on Web or better yet just put an ad on Kijiji let them contact you.

BoltAction,
Just a comeback on what Sparrow wrote, the name of the Adjucator is Laura Bruneau, she will be paid by the GOC and the same for Deloite,
You will find the info on how it will work on The Proposed Order, p.7, para 26 and before, all important info is ther: http://sisipclassaction.com/content/Proposed%20Order.pdf
Chears,
P.

Pay the legal fees, its worth it!