ELB Class Action Law Suit

I don't doubt that it has happened, but I still like to read the legislation myself so I can try and understand the intricacies of the law. I usually have no trouble locating other pieces of legislation, but I can't find this information, so I was asking for help.

it has happen to one person I know ( pension act ) so it happens . now that's just one of many so it doesn't happen a lot.

propat

Go to the legion and hear stories of pensions being reduced and reassessments just before age 55

@ bigrex

Could you please post links to the legislation that refers to how a pension could be reduced. I've looked for it online, but cannot find it.

cheers

Aicsie, they would be hard pressed to demand a return of disability award, but I believe it has happened, but not that much. What I was talking about is the monthly PA pensions. It is a lot easier for VAC to reduce the monthly amount sent to you, and as pointed out, the only legislated protection from this, is once you reach age 55, and the disability has been unchanged for a minimum of 3 years. Unfortunately there is no protection for Veterans, from poverty or homelessness. VAC doesn't care if you have no other income, unless you are deemed TPI. Without that, there is no guaranteed quality of life, even for disabled Veterans, since their disability is not considered severe enough to qualify them for additional benefits from VAC. Even assessed with a moderate disability, a veteran will fall well below the poverty line, if they don't also have a CF pension or employment earnings.

Bigrex you have assumed a huge over award to a NVC vet who must repay 50% of his lump sum if his pensioned condition improves from 60% to 30% are you sure this is correct? and described a 50% reduction in a Pension Act Vets pension. Pre 2005 that would be less than welfare in 8/10 provinces after the 50% reduction leaving homeless Vets with PTSD all over Canada, with Appling for welfare with a DVA pension would be a criminal offence in some provinces. Rewriting the "NEW" rules to fill ego will only leave loopholes for the GOC to seize upon.

No they cannot re-evaluate your pensioned condition weather it be a Psychological or Physical disability. Once a pension is awarded it is final and a life long pension under Pension act. Only case when you may have your pension legally reduced is if you call for review yourself in writing with Pension advocate Office. Only one other Person beside the pensioned Vet who may call for a review of a pensioned condition, and they must conduct the review themselves, is the Minister of Veterans Affairs and his decision must be read in the House of Commons.

Hi,

In my case for one of my body part, initially in 2003 they give me 25 %. Last year they re evaluate this part. The new evaluator givin me 20 %. They send me a letter than they cannot go to 20% because initially i was at 25% and it was " un droit acquis". They never lower my pension.

Grosgig

great stuff binrat.

propat

Well under the Pension Act, section 35 there was this one part to take note of, I dunno if it is applicable to you, and I have the check the NVC, to see if it is there, but section 35, 2.1 reads

Limitation on (2.1)
(2.1) Where a member of the forces has at-
tained the age of fifty-five years and the assess-
ment of the extent of a disability of the member
has remained unchanged for a period of three
years or more, no reduction in the assessment
of the extent of that disability shall be made.


Sadly though I don't see anything in the Canadian Forces Members and Veterans Re-establishment and Compensation Act.. but will keep looking

Does anyone really know? And when was Charlottetown?

Is 2003 Grandfathered

It really depends on what the pension is for, and the timeline in which the pension was awarded.

Some examples

Soldier A is is involved in an accident at work, and develops severe back pain with a decreased range of motion for several years, and pensioned at 30% based on those symptoms. But if that soldier undergoes surgery, that eliminates all or most of his previous symptoms, and resumed physical activity that was previously unthinkable, VAC could argue that he is now only disabled at 10%.

Soldier B is diagnosed with severe PTSD, with associated symptoms of insomnia, anger, memory loss, suicidal thoughts, etc. and is awarded a 60% pension. But after several years of counseling, is able to lead a productive life, even with the aid of medication, VAC could say that his PTSD is not as severe, and should no longer be considered 60% disabled.

Reducing a pension is an option that has always been available to VAC, but has seldom been used. But under the current government's austerity measures, and an apparent increase in the vindictive nature of some VAC senior staff, I fear that they may be opening up the toolbox and sharpening the axe, it yet another attempt to get out of their fiscal responsibilities to Veterans.

Is the Hamilton office doing that? I have heard they have done that. They do that when they think your getting too much! You might be grandfathered under various scernios make sure you know. Also if you appalled your pension all the way to the last appeal in Charlottetown whatever they decided is final

Is my case handler trying to help me?