ELB Class Action Law Suit

I can tell you Cook that the law firm did look at the ELB but could not include it with the LTD.

LTD is against DND
ELB is against VAC
RCMP is against Minister of Safety

3 departments means 3 separate lawsuits.

Frustrated cook, I'm not trying to pick a fight either, but when you come on complaining that people are upset about waiting another 6 months in the dark, and that your cause is currently more important because it has yet to be fixed, it certainly appears that way. Our class action did take several years, but it was only initiated when it became evident that the GoC wasn't going to fix it on their own after the Ombudsmen report, political committee reports and the NVC coming into force, with no action regarding SISIP. But you haven't given the GoC enough time to see if they do the right thing fully. They've made steps, as a preemptive move to avoid further litigation, but those steps have echoed what has been done on the SISIP file by three months. So if they have not announced that ELB will be paid retro withing the next 6 months, then you have a reason to be upset. Lawsuits can be won by only one person. Look at Sean Bruyea, he started a lawsuit over his privacy breach and won when the GOC settled out of court. He didn't wait for everyone else who's privacy had been breached to start a class action.

Also, you accuse me of not reading your posts. i suggest you follow your own advice, because the other thread asking about VRAB you clearly did not read my initial post. I had been successful at the review level for the first time, and was seeking guidance as to what to expect after a positive decision, not what I needed to do to win against VRAB.

hey bigrex, I am not here to fight you guys, just trying to get you to understand that from the beginning, the classaction should have covered all aspects of this problem and everyone, I guess that you don't know that the clawbacks did not start in 1976 but in 1945. AS the lawsuit, read what I wrote not what you want to read only, a lawsuit can not be done by only one person, that are still too many vets that believe that VAC will do the right thing, so tell them the truth they don't want to hear "how long and hard was your legal fight". Also when someone offers help and advise take it. It is easy to win VRAB if you know the proper procedure, I did and won mine. The ombudsmsn can help a lot with this one.

Trust cook, I do have a lot of compassion, that is why i am on here trying to help other veterans in any way I can, Not just coming on complaining that other Veterans have forgotten me, just because they are more preoccupied with their own struggles. OK, so you've sent a bunch of letters, and asked the lawyers IF there was a lawsuit in process. That is different than initiating one of your own, as I suggested. If I was in your shoes, I would, but as I was only approved for EELB after they announced the end of the clawback, I would be part of the class, but only owed for 4 months.

BTW, I think it does suck that you were never approved SISIP, and hopefully the third party adjudicator can fix that, but that is not the fault of anyone on here. This is the SISIP thread, so why are you so upset that the Veterans on here are not discussing those Veterans who never received SISIP. In fact there are probably thousands who did not get SISIP of being released for a service related injury and getting a VAC pension, or they fell through the many bureaucratic cracks that occur when dealing with three government departments (DND, VAC and SISIP).

It is the bureaucracy that has failed you and others, and their unwillingness to forgive Veterans for the mistakes of others. One former forum member had his medical forms lost in the system when he released. SISIP denied him benefits because his paperwork did not state it was for medical reasons. 3 years later they found his paperwork in the back of a filing cabinet, and changed his release note to 3b, but SISIP still refused to even give him the 24 months coverage. I tried to help him as much as I could, but in the end, the insurance mentality was unwaivering.

Unfortunately Big Rex I get where your at. I on the other hand had a good Case Worker and VAC has been with me all the way. I won't mention names but the support system although it took awhile to get it to me, in the end, they were still listening to me. I wish I could understand what you've been going through in detail. Just reading between your lines I see that you have had severe difficulty with them. I wish that were not so for everyone. Maybe its the patience i have and maybe your patience ran out a long time ago. I hope things go better for you.

Cook I am looking into the retro to 2006 to find out if the memo to cabinet has been sent yet.

But like I have said before VAC is usually 3/4 months behind the SISIP LTD actions.

I can't see VAC not giving the retro because the ELB is a mirror to LTD.

bigrex
without relying on the good will of others to champion your cause for you?. :
wow that shows a lot of compassion from you. I for myself my fight started in 1997 when I got injured and have been fighting VAC since then, went all the way to the Prime Minister, the ombudsman VAC own Minister and still nothing and by the way before being so righteous read ALL of my posting I did inquire many times (still am) to the law frim to ask if we could be included in the lawsuit or could get our own going, They kept answering me for over 3 years than when one gets going they will let me know, guess what ? Nothing yet. And in case you don't comprehend whats happening around you, I like many vets out there never went on SISIP, after we got medically kicked out we kept working until we dropped to support our families. Sailor964 good luck to you, VAC is a hard bunch to deal with...

frustrated cook, we have not forgotten you, since you include many of us as well, including myself. But what has happened has already benefited those of us on ELB, and didn't involve you paying any legal fees. Your monthly payment has already been increased if you are on EELB. You will have access to the education fund after several years, or 4000 SISIP class members have used money from it, which ever occurs first. Many of us on here have said that we believe that the ELB will be paid retroactively, but in due time (ELB changes have been lagging behind SISIP by around 3 months). But you have to remember that we have been battling the SISIP policy in court almost as long as the ELB program has been in existence, and don't forget the 31 years prior to that, that Veterans have been suffering the same injustice that you are so passionate about under this policy. But I have to ask, if you have been fighting the ELB clawback since 2006, why didn't you approach Peter Driscoll when the SISIP lawsuit was initiated to see if it could be expanded to include ELB, or have a new lawsuit started like the RCMP have done using MC to represent them? So instead of complaining and insulting fellow Veterans who do not want another 6 months of waiting (BTW, it's not the waiting that have people pissed, it's the waiting without any God damned information, sitting by the door for several days each month, just in the hope that a UPS truck stops in front of their house. Their heart skipping a beat every time they see a FedEx truck pull into their neighborhood), look at yourself and ask what have you done to better your situation, without relying on the good will of others to champion your cause for you?

I can give you an update regarding the ELB as I received a favorable decision regarding my reassessment. I won't give you the details as to the increase but an excerpt of the letter if that's ok with you all. I am in the same boat when it comes to the ELB since 2006. Here goes and bear with me as i will give you the meat of the letter I received. Give me your thoughts guys and gals.

As a result of this decision, a retroactive adjustment has been calculated in the amount of (for me to know). Your adjustment has been withheld pending an investigation of the resulting impact on any Earnings Loss payments you received from Veterans Affairs over this adjustment period.

On October 1st, 2012, regulations came into effect ending the deductions of Disability Pension amounts from the Earnings Loss Benefit. However, we must still consider Disability Pension amounts attributed to periods before the new Earnings Loss Benefit regulations came into effect. You will be advised of the outcome once the calculations have been completed.

One for All and all for One!

well frustratedcook, myself its been since 1999 and I cant wait to get my money. some its been since 1976! so yes we are anxious to get OUR money! sorry to offend YOU.

Try waiting over 20 years...And if u want join US , be my guest...Dont put "us" down...This is family here...If u dont like it ....get a life...

wow, when I read about fellow vets compalining they might have to wait up to six months to get heir money, some of us on ELB have been fighting for a longtime (I started in fall 2006) we still have to get a law firm that wants to represent us, get the gov. to acknowledge that VAC was robbing us and try to get our money back. So when you feel depress just think about your companions that were left behind to fend for themselves (I guess we're not like the US Marines we do leave our buddies behind)

Re  Meteck
I agree with you 100% They are very slow on anything they do. I only beleive anything after I have it on paper. Then sometimes they try and dispute what they say, Case workers are in the dark too. Not much help unless they have endless forms to fill out.