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ELB Class Action Law Suit

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meteck
pinger
Rifleman
bigrex
Teentitan
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Post by pinger Sun 22 Jun 2014, 21:09

No ketchup

They covered everything from the 16th of July to the end of August. Inclusive nothing further was received inside that timeframe. A month and a half... cut and dried. After that, my next was 2 days prior to the end of September. Two business days prior to the end of the month like everything else... until I just croak at 65. pinger.
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Post by bigrex Sun 22 Jun 2014, 18:27

Ok Pinger, but did you get a further payment of ELB at the end of August? ELB is normally deposited at the end of the month, the second last working day of the month, the same as the PA pension. If you got another ELB payment at the end of Aug, then ELB is payed in advance, and the deposit on the 22, was simply to catch you up.
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Post by pinger Sun 22 Jun 2014, 17:10

Rex, Looking at worksheets sent to me last year  study  .
 - Applied - July 16
 - Approval letter dated - Aug. 19
Letter said I'd receive first payment within 3 weeks but
 - ELB was deposited - Aug. 22
The amount covered July 16 - Aug. 31 (pro rata)
Their "action date" was Aug. 19
Their "control month" was Sept.

Hope that helps ya. pinger.
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Post by bigrex Sun 22 Jun 2014, 14:10

It is true, the budget was passed on Friday, so technically, there should be no reason to pay us for those months immediately. The question I have is, how many months are they paying back, 4 or 5? It all depends on whether ELB is paid for the previous month, or in advance. So if the ELB repayment was effective June 1st, and paid in advance, the payment for June would have been included at the end of May installment, and since the unreduced ELB didn't start until the end of October, which would have been for the November payment. So according to my calculations, we could be getting amounts for the following time periods

June 01 (the effective date of the change) - June 30
July 01 - July 31
August 01 - August 30
September 01 - September 30
October 01 - October 31 (when the first advanced payment was made)

Maybe if anyone has just recently started getting ELB could advise us of when they were approved compared to when the payments started, like if they were approved on the 20th, and their first payment was for only 10 days worth, then we will know if it is pad in advance or not.
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Post by Guest Sun 22 Jun 2014, 13:03


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Post by meteck Sun 22 Jun 2014, 09:55

ok so parliament is gone.....we were waiting for the economic action plan to be passed to get our 4 months clawback by sept oct this year..did it pass???I cannot find out anywhere...anyone with info please post here..it was supposed to be the last hurdle to getting our pittance...

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Post by meteck Sat 14 Jun 2014, 11:23

got a call from jose mc civer from veterans affairs last night,,6pm...to tell me there has been no change on giving back clawback money as announced in march 2014....nothing has changed......im I ever sick of hearing that sentence......seriously

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Post by pinger Fri 13 Jun 2014, 17:59

Meteck wrote...
....save your money while on elb..that's my advice
Your right Meteck, and I'll be fecked at 65. pinger.
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Post by meteck Fri 13 Jun 2014, 17:09

heres the way it works...when your done school march of dimes gives you 4 months worth of resume training .job search whatever..after 4 months you drop from elb..you can APPLY for income support which offers money to offset having no job BUT....AND ITS A BIG BUT......you need to prove your actively looking for work and any money from your pension or your spouses money counts against you if you get on the program..too date my case worker knows of NO ONE on the program..i was sent the pdf file as to the guts of the program and I can assure you all you aint getting on income support..period,,,,,so no when elb is done im on my own..with my college degree off I go into a university credentials kind of job market,,im looking forward to proving myself wrong but how many social workers you see getting hired these days? lol....save your money while on elb..that's my advice

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Post by pinger Thu 12 Jun 2014, 18:58

bigrex wrote,
Now imagine some kid, who suffers a non service related injury, but doesn't have enough time in to receive a pension, or one that is only in the triple digit amounts. He could be left absolutely destitute, if his condition progresses to the point of incapacitating him.

That's worth emphasizing a notch or two. That is why I went to RTH... furthermore, I spoke with a few others there that made out just fine like me, but went there for others. The 20 year-olds, and the 70 - 80 year-olds. One might not know squat about NVC, the latter may have forgotten more than I ever learned about DVA. But if they or any of us are exploited? THAT'S NOT NICE...and it peeves me off.
So let's continue helping each other out... with an open mind and the respect I've seen here. Cheerio's, pinger.
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Post by sailor964 Thu 12 Jun 2014, 16:16

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Post by sailor964 Thu 12 Jun 2014, 16:15

Just reading up on this action plan which is to pass today by vote after question period.

PART 6



VARIOUS MEASURES



Division 1



Payments — Veterans Affairs


Earnings loss benefit



102. (1) A person who received an earnings loss benefit under subsection 18(1) or 22(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act for the period that began on May 29, 2012 and ended on September 30, 2012 — or who would have been eligible to receive that benefit if the disability pension paid to the person under the Pension Act for that period had not been taken into account — is entitled to receive an amount determined in accord-ance with the formula


A – B – C


where


A is the amount of the earnings loss benefit that would have been paid to the person for that period if the disability pension paid to the person under the Pension Act for that period had not been taken into account;


B is the amount of the earnings loss benefit that was paid to the person for that period; and


C is the amount of long-term disability benefits that was paid or is payable under the Service Income Security Insurance Plan Long Term Disability to the person for that period as a result of the settlement order in Manuge v. Canada that was approved by the Federal Court on April 15, 2013.


Payment



(2) Any amount paid or payable under subsection (1) is deemed to be an earnings loss benefit paid or payable under the Canadian Forces Members and Veterans Re-establishment and Compensation Act.


Canadian Forces income support benefit



103. (1) A person who received a Canadian Forces income support benefit un-der any of sections 27 to 31 of the Cana-dian Forces Members and Veterans Re-establishment and Compensation Act for the period that began on May 29, 2012 and ended on September 30, 2012 — or who would have been eligible to receive that benefit if the disability pension paid to the person under the Pension Act for that period had not been taken into account — is entitled to receive an amount determined in accordance with the formula


A – B – C


where


A is the amount of the Canadian Forces income support benefit that would have been paid to the person for that period if the disability pension paid to the person under the Pension Act for that period had not been taken into account;


B is the amount of the Canadian Forces income support benefit that was paid to the person for that period; and


C is the amount of long-term disability benefits that was paid or is payable under the Service Income Security Insurance Plan Long Term Disability to the person for that period as a result of the settlement order in Manuge v. Canada that was approved by the Federal Court on April 15, 2013.


Payment



(2) Any amount paid or payable under subsection (1) is deemed to be a Canadian Forces income support benefit paid or payable under the Canadian Forces Members and Veterans Re-establishment and Compensation Act.


War veterans allowance



104. (1) A person who received an allowance under subsection 4(1) of the War Veterans Allowance Act for the period that began on May 29, 2012 and ended on September 30, 2013 — or who would have been eligible to receive that allowance if the disability pension paid to the person under the Pension Act or any similar or equivalent law of the country in whose forces the veteran served for that period had not been taken into account — is entitled to receive an amount determined in accordance with the formula


A – B


where


A is the amount of the allowance that would have been paid to the person for that period if the disability pension paid to or in respect of the veteran under the Pension Act or any similar or equivalent law of the country in whose forces the veteran served for that period had not been taken into account; and


B is the amount of the allowance that was paid to the person for that period.


Payment



(2) Any amount paid or payable under subsection (1) is deemed to be an allowance paid or payable under the War Veterans Allowance Act.
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Post by bigrex Thu 12 Jun 2014, 16:05

Just as I suspected, but ELB is not constrained in such a matter. So if they truly want to have these two plans mirror each other, then they should have to amend the SISIP plan to allow reinstatement for those whose existing medical conditions upon release, become a severe obstacle in their retaining gainful employment, at any time in the future. A disabled Veteran, who was medically released, shouldn't have to face a possible future life on the streets just because they weren't injured on the job, or weren't disabled enough after 24 months.

I'm a perfect example of how medical conditions can deteriorate quickly. I was not deemed totally disabled after 24 months, but within 3 years of losing my SISIP, I was too disabled to work, with an OT saying that I was limited to working a maximum of 2 hours per week, due to my disabilities. If I hadn't been able to prove my injuries were service related, I would have had to live with and support my family, with my CF pension alone, or a reduced CF pension and CPP(D), which would leave me approx $20000 below the poverty line. Now imagine some kid, who suffers a non service related injury, but doesn't have enough time in to receive a pension, or one that is only in the triple digit amounts. He could be left absolutely destitute, if his condition progresses to the point of incapacitating him.
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Post by Teentitan Thu 12 Jun 2014, 12:54

OK got the info on LTD and being re-instated when your file is closed.

1. If your file is closed in the 24 month window and your injury with SISIP causes you to have to retire again you cannot go back on LTD from SISIP.

2. If you go beyond the SISIP 24 month window and are identified as TD (totally disabled) and you become well enough to find employment you have a 3 year extension of benefits (in other words your file stays open). If in that 3 years your injury causes you to have to leave that job then you can go back on LTD from SISIP. After the 3 year extension your file is closed.
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Post by meteck Thu 12 Jun 2014, 12:20

there is NO LAWSUIT ONGOING for the elb/income support/Korean war pay...that's a misnomer...we will get paid back till 29 may 2012.at least that's what JOSE MCCIVER from veterans affairs proudly expclaimed on the phone to me 2 months ago,,all dependant on pushing it threw as part of action plan 2014...that is all we get..get used to it...for all those who cannot get past the fact your money stolen will never be coming back I feel sorry for you as your setting yourself up for a grumpy cranky end of life...I am moving on..i have no choice,,ill be on the street with no income and 8 years on elb..hows that gonna look on a resume?...5 years phycological issues..3 in college..at 47 where do I find work again????,,so yeah we all have issues..still tourques me that everyone

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