A Veteran is told he owes VAC over $81000 in back pay due to SISIP lawsuit

We should get ELB + SISIP LTD as ELB is Damages in Tort & SISIP LTD is a contractual insurance payment you bought the Right to by paying premiums.

By clawing back SISIP from ELB, they are violating the law. The Bradburn Rule says you get both

That is clear. You cannot collect both SISIP and ELB. So if SISIP has reinstated him, and has already paid him for the all the previous years since his release, he will have to pay back any ELB received. But we do not know whether or not he has actually received the funds from SISIP, or if VAC is merely saying that he has been over payed based solely on the successful appeal decision, even if he hasn't been paid yet.

Understood.

So was I.

I was replying to bigrex.

With regards to my last post I was referring that the individual actually received funds from SISIP, if you remember from the adjudicator appeal, many were on ELB, and appealed their denial from SISIP, those who won their appeal and were receiving ELB had to collaborate the funds received from SISIP, with the funds received from ELB to balance the amount, the balance owed, was owed to VAC for the ELB.
To me if that's the case, the individual like everyone else needs to pay back the recovery to VAC, as we all know, you can't collect both.

Sparrows husband had not received the SISIP back pay when VAC demanded the money back for ELB.

I was the exact situation and I did not inform VAC that I won my SISIP appeal until after I received the SISIP back pay but the only reason I did not tell VAC is because Sparrow beat me to it and was informed that her husband must pay the money back to VAC for the ELB right away or they take all of your monthly VAC pension monthly if you have one to pay the money back. I was lucky because I am a thorough person and was going to tell VAC about my appeal win before I received the SISIP back pay.

Yes, but a Veteran shouldn't lose his ELB, or be forced to pay back any payments, until he has received the money from SISIP for that time period. Just because the Adjudicator says that he is reinstated, nothing is official, until money starts flowing from SISIP. The only thing that I'm worried about, when defending the guy, is finding out that he has been knowingly collecting both SISIP and ELB for the last 4 years, thinking that they would never talk to each other, and was caught.

Rex I think you got it right, the individual won his appeal through the SISIP lawsuit (adjudicator) and was already receiving benefits from ELB, the amount received from the SISIP appeal would need to paid back to DVA as the recovery adjustment to pay back for what he received from his ELB in collaboration with his SISIP appeal lump sum payment.

Likewise at 13:44 firebird.
I was never sisip.

That fella's situation sucks.

Perhaps there's more to it though?
I mean overlaps that aren't invented...

VAC wants this fellow to payback $1000 per month until they recoup what they claim is an overpayment. It would take him approximately 6.6 years to pay it off.

http://www.cbc.ca/beta/news/canada/edmonton/former-soldier-shocked-by-81-000-bill-from-veterans-affairs-1.3655018

Here's a link that doesn't ask you to install the Yahoo application to read the article.

No offense bigrex.

The only other possible explanations, would be if the Veteran was reinstated by SISIP, after the lawsuit, but didn't tell VAC, and has been collecting both SISIP and an unreduced ELB payment, for the last 4 years. Or that he has been reinstated by SISIP, through the adjucicator, VAC could see that as being SISIP and ELB for those four years, even if he has been told that it could take a year or more before starting to collect any money, as we have seen with others. Just too many unknowns to truely know for sure, but I'm sure that this will be in the news again, hopefully with more details.

I am very glad for my situation.