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Email circulating today lawsuit against VAC miscalculation of funds

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Post by Kramer Thu 26 Oct 2023, 10:42

The last few years have been painfully slow regarding class actions and getting finalized.

The Logan Class action has been settled, but those members will have to wait till 2024/2025 according to the FSA (Final Settlement Agreement)

The SRB/Bruyea class action is still in the works, no idea when that will be settled.

The Sexual Assault Class action is a case-by-case and is crazy slow.  The ones' that have been waiting 3 years are most likely the ones' that were late/last submitting claims.  To assume the 900,000,000.00 has already been spent is hard to believe!  At the time of this post....according to the website "Epiq Canada" has received a total of 25,913 claims with 18,928 either approved and or received initial payment.  Looking at an extreme.....using 26,000 claims receiving $30,000.00..... is 780,000,000.00  I highly doubt every claim was/will be approved and I highly doubt the average would/will be 30 grand.  I suspect the bulk of claims would be under Cat A and received $5,000.00.  But it is only speculation.  From my limited understanding (through a previous post by a member on this site), Epiq Class Action Services Canada Inc are trying to finalize by the end of this year.  From what I read in the FSA, the residual funds (if any) will be a max of 15% of a members claim.

As for the Pension Error, I am a bit confused WRT what is before the courts......wait....and wait to see.
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Post by Unknown Soldier Thu 26 Oct 2023, 08:32

Yes, I see very old dogs posting here these days,lol
This is the kind of benefit return I'm not going to lose any sleep over because if l didn't get the payout email I wouldn't have even known l was part of it
The news on the sexual assault claims is alarming, l didn't know it was at a 3 year wait, but I also " heard" the opposite: that everyone had been paid out , and there was still money left over and that claimants were going to have the remainder divided among them all for an additional payout
As to this one , regardless the amount ,I'll probably just take the whole thing and just claim it in the current taxation year, probably lose most of it back to the gov
But l don't have the drive to try and have someone go through all my taxes for 20 years and figure out what l made or claimed in each year
Unknown Soldier
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Post by Supremedebater Wed 25 Oct 2023, 23:41

Also, I might add…look at the shitshow that other class action for sexual assault. Claimants have been waiting 3 years for settlement. I have inside info that the $900 million has been exhausted and no funds are left to pay out. Tell me that’s not a curfuffle! Anyway good luck with your endeavours. Peace out Supreme

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Post by Supremedebater Wed 25 Oct 2023, 23:35

Good day folks,

Supremedebater here, I haven’t been on since Christ was a cowboy and I was one of the original members, first 3-5 members on here. The only one I know is Teen, how are you brother? I guess bumpsy is long gone. Anyway I had to chime in on this suit by Dennis et al. Here’s my take. No one will see any funds from this suit for quite some time. The government is working minimum skeleton crews and even call centres are in peoples homes. If you call you hear dogs barking I mean come on right. So regardless every file will have to be examined down to everything included in benefits, clothing allowances, pretty much most benefits even meal and travel claims. Regardless what I’m getting at is the process will in fact be picked at like pigeons and eventually you will all see a $5000-$20,000 that’s all in my opinion. But don’t spend that money before it comes because it’s going to be a long time before payments start flowing. Backlogs are a fine example of the speed at which the wheel is turning. Supreme out.

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Post by Unknown Soldier Wed 25 Oct 2023, 21:46

Yes that's what I mean, any new disabilities granted under the latter 2 platforms would be disqualified because they are not considered " pension act " injuries 
So a veteran would have to have won disability claims between 2003-2006, not 2003-2023, and only those in thar 3 year window would be subject to the audit 
But yes if a veteran has an injury granted in 2003, they will be entitled to 20 years of miscalculation
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Post by Kramer Wed 25 Oct 2023, 20:09

"When they say pension act disability, aa, clothing etc , l guess that only goes up to 2006, because after that didn't pension act disabilities end?"

I am not so sure about that? Although the Pension Act was discontinued in 2006....the payments/benefits were not discontinued. Anyone who was receiving benefits under the PA between 2002/2003 will continue to receive those payments today, despite the VWBA and PFL programs coming in afterwards.
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Post by Unknown Soldier Wed 25 Oct 2023, 18:46

I'll really have to go through my entitlement by year , all l know is what l get as ofv2023, but l couldn't tell you off hand what year l won each claim
When they say pension act disability, aa, clothing etc , l guess that only goes up to 2006, because after that didn't pension act disabilities end?
I.e. if you were approved broken back in 2007, there is no miscalculation considered because that's no longer pension act or whenever it ended?
I don't even know the exact dates other than the fact I've been injured under all 3, pension act, new veterans charter and pension for life
If those are the correct titles???
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Post by Teentitan Wed 25 Oct 2023, 15:00

Unknown Soldier wrote:Let's pretend what was owed to me from all of this was $50k,
To take that money would mean filing taxes with my reg mil pension ,plus $50k for that year?
I guess I'd get raked over the coals by the tax man, but l guess at the end of the day, whatever the return ends up being is " free money" l never saw coming up until now
Small victory

Yes you claim the $50K as income but you also claim what you were taxed (if the $50K is taxable), a T4A. You also, someone correct me if I'm wrong here please, claim what you had to pay the law firm who represented veterans. That should reduce the taxes for that year.

Putting the breakdown sheet in your tax return is very important because in theory when CRA goes back to the 1st year of miscalculation and comes to the present you should break even on taxes owed.

But like Sports said the full settlement isn't reached yet. So it's the old military saying...Hurry Up and Wait! LOL
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Post by Unknown Soldier Wed 25 Oct 2023, 14:07

Wow this is sounding problematic,  l don't know why l was assuming VAC was going to calculate what was owed me and it would be tax free,lol
But l have various pension act disabilities that were granted between 2003-23, plus being on ELB
Let's pretend what was owed to me from all of this was $50k,
To take that money would mean filing taxes with my reg mil pension ,plus $50k for that year?
I guess I'd get raked over the coals by the tax man, but l guess at the end of the day, whatever the return ends up being is " free money" l never saw coming up until now
Small victory
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Post by sports1977 Wed 25 Oct 2023, 14:02

in the document

11. When will I receive my payment?
The timing of payments to Class Members will depend on how long it takes the Court to approve
the Settlement and the type of payment entitlement under the Settlement. Class Members with a
current payment relationship with VAC will receive payments under the Settlement sooner than
those who will need to apply to the Claims Administrator and submit the required documentation.
Specific statements about how long the Court may take to approve the Settlement are not possible.
Generally, Class Members with a current payment relationship can expect to receive payments
automatically sometime in 2024. Class Members applying to the Claims Administrator will likely
see payments begin in late 2024 or early 2025.

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Post by Teentitan Wed 25 Oct 2023, 13:41

This is just my opinion to your question...if you are receiving any of the eligible benefits in the email and you don't pay taxes on receiving them I would say no taxes will be applied.

I know the SISIP lawsuit was very hard for some when it came to doing their taxes the year they received their payment.

It seems a lot of vets paid an accountant or a tax return specialist and it most likely cost them a sizeable amount.

I just took the payout sheet, that had each years info, and included it in the tax package and mailed it to CRA.

I did this because I called and spoke to a CRA manager and he couldn't express it hard enough...do not use an accountant or tax specialist because they do not have access to previous years tax calculation programs. When CRA issues the yearly tax programs to accountants, tax specialists, they have a time limit (if I remember correctly each year the program rolls out it has a 2-3 year time limit on them. Only CRA has access to all yearly tax programs.

The CRA manager was the one who said just do your taxes and send the yearly breakdown sheet and they will go back to the first year on the sheet and re-do ALL your taxes with the new info.

It worked ok for me I got a small refund.
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Post by Unknown Soldier Wed 25 Oct 2023, 13:05

So whatever a vet receives,  would this be taxable?
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Post by Teentitan Wed 25 Oct 2023, 09:50

Well seeing as this a lawsuit about miscalculating I don't think they are going to give any info to a veteran until they have, most likely, triple checked everyone's calculations. Verified it thru a 3rd party, most likely an accounting firm.
Oh and the federal employees are probably still working from home and we all know how hard they are working to clear the back-log of applications and we all know how splendidly that is working for the veteran community.
So I think your 1-2 year comment is very accurate. But don't forget interest on the backpay starts Nov 8, 2023
So even in victory for veterans Trudeau wins...he's going to make VAC rag this because we are asking for too much.
Thanks for posting the info Unknown I appreciate it and I thought I'd just have a little fun. Hopefully there was a few chuckles...
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Post by Unknown Soldier Wed 25 Oct 2023, 01:25

There will be another statement nov 8th, but not to compare but l think those veterans involved in the sexual assault lawsuit didn't start getting paid til 1-2 years later.
 That's a long wait I know, but l would take solace if they atleast told me how much l should expect.
Like if a veteran had a pension act disability since 2003 that's 20 years, 12 payments a year, if the " correction " in that payment is $5 , I.e. $60 a year ,$1200 total not much to wait for 
But if the miscommunication was $50 a month, big difference
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Post by sports1977 Tue 24 Oct 2023, 20:47

Do we know when this will be paid out, does it take years like anything else VAC does.

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