Earnings Loss Benifits Cancelled

Peep you need to have another inhome visit from your CM or at least get your wife to talk to her on the phone. She should have instructed you to re-apply for ELB. Don't worry about PIA, TPI etc now. Just get your ELB reinstated.

Also ask your CM to help you find a doctor to fill out your ELB paperwork. This applies to everyone waiting to see or do not have a family doctor. If your CM says there is nothing she can do then contact the Veteran Ombudsman's office and tell them your situation, your ELB is being held up because you don't have a family doctor and VAC can't help. Here's the phone number (Maritime working hours) 1-877-330-4343

If the OVO gets enough phone calls that vets are waiting years for a doctor to help fill out VAC paperwork then it is a problem they can work on to solve.

I seen a CM last week for PIA, and although it went well and should go thru, she mentioned to me I should go for ELB. It just so happened I had my applications from years ago. After a quick check, I was informed I did have ELB but it was cancelled when I left the country for a few months. I stayed with friends while my wife underwent treatments. I was never told it was cancelled, and feel odd that I have to reply now since I am on a one year waiting list for a family Dr (down from 2 years). Not sure how much waves I want to make but will need TPI and ELB I believe for the PIA supplement.

Do I have a case to request my ELB be restarted?

Hey Big Rex...

Nope VAC hasn't deemed me totally and Completely Incapacitated even though I have multiple problems,
So quickly as per article 26..
Nope the cancel later was written July 19th, so rehab and ELB end the 31 July 2012..
26 (b) there is no misrepresentation or concealment
26 (c) Yes that was the letter I received July 19th

So.. I had asked my CM to look into the TPI, But I ain't holding my breath... I'll send ya a PM BigRex with a listings of my problems, but one part in my
my file, which I got by ATIP, one of them makes a Comment that, let me find it here and I can quote it..
"She felt the current report outline that he is not TPI, But in HIS MIND he is convinced that he is"

Now I don't think is a CM this was back in 07, but as you read what is wrong with me, I was floored when I seen that...
Apparently she didn't have all the problems shown to her....

Supremedebater.. Well I started writing my letter, and also trying to keep out emotions from it, I"ll PM you the link and you can read it, and
see what you think and or have any advice, that would be great...

Definitely need more info

well, i am assuming the binrat has been deemed Totally and Completely Incapacitated (TPI) and therefor his ELB should be paid out until he reaches 65, which we all know of. There would be no need to exchange emails debating the Veterans age, so it must have been about VAC seeking information, and for that the policies are very clear. If it had been cancelled due to them thinking Binrat had lied, they would have called it misrepresentation, not non-compliance.


26. (1) The Minister may cancel payment of an earnings loss benefit under section 21 of the Act

(a) if the veteran, at least 6 months after the effective date of a suspension, continues to fail to comply with subsection 25(1); or

(b) if the veteran’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

(2) On cancelling the earnings loss benefit, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

I have to disagree, the 6 months refers to non compliance regarding the reporting of funds .eg other incomes or misrepresentation of reported funds to the minister. Vac would have to supply a reasonable excuse as to cutting one off, but I see nothing that states a timeline for releasing one off elb. I read it quite fast but I don't see anything that says they must provide any timeline before giving the boot.

IMO let it be known that the ombudsman has been sent a copy as well, but make it also known that the minister (vac) is getting a copy as well. As far as I'm concerned this case manager is an asshole. But also on the same token NEVER swear or say cut me off anything, regardless of the situation. Also I would bring up a charter violation as well. Equality rights. You shouldn't get really mad as I know it's hard not too, but your CM was just being a dick and should understand he's dealing with people in pain and also anxious Veterans. Shame on him. He's had training to deal with things like this. You need a letter, I'd be glad to send then an affable notice as well as forwarding to the different entities as well. But that's my opinion. Good luck

According to the NVC regulations, they must inform you in writing that the ELB is being suspended and provide reasons why, and then after 6 months on non compliance, only then can they completely cancel to benefit.So if all this didn't at least 6 months ago, your benfit cannot have been cancelled, but it may have been suspended. I really think you need to talk to someone (other than your case worker) face to face. Call then and tell them that you need to get an appointment and if you live near an office, they may even come to you.

If you want to read the regulations , and maybe print them off before your meeting, here is a link.

NVC regulations

I am with you and hope it works out for you. Just a question how can they and why can they cancel your ELB. Also can they do that with the pension act????
Thanks
Navrat out

BinRat - you are on the right track already and in a sence you have already started the letter with what you have written down in this post. Take the meat out of what you have been saying and put it into a letter, but keep to the facts. As Teentitan mentioned, after you write it, read it a number of times and make the adjustments to keep out the emotions. Having said that, you can discribe in the letter what you have been going through and how all of this has affected you. This will at least inform them the hardship all of this has caused. Just remember and from my experiences, DVA seems to want the veteran to quit all the time and not bother them, thus they get away with all kinds of stuff. Press on, even if we can not stand beside you, we are still supporting from afar.

Binrat call the Ombudsman office here is the contact info.

Toll free from within Canada: 1-877-330-4343
Collect from outside of Canada at 1-902-626-2919
Office hours (Monday to Friday):
•Atlantic time: 8:30 a.m. to 4:30 p.m.
•Eastern time: 7:30 a.m. to 3:30 p.m.
•Pacific time: 4:30 a.m to 12:30 p.m

I would also like to suggest you write your story down in order with reference to the emails in sequence. Like OldZipperHead said make it non-emotional. Then before you call the Ombudsman office read it to yourself over and over until your emotions are in check. If you can ask for an email address to send your story to the Ombudsman. The Ombudsman will give you the best advice to you for going forward.

Thanks OldZipperHead....

It kept me awake most of the night thinking what and how to do this letter, but every time I tried, those dam emotions kicked in...
Even today again I was trying to figure out what I would say and in they come..

Guess I'll have to get my Daughter over one day, and tell her the complete story, and get her to take notes whatever, and then say okay
since you won't get emotional, I need a rebuttal letter done, of course she'll ask me what to write, which will probably bring in my emotions..
But guess that's what I can try...

See the one thing that I am wondering is, what do we need in this Appeal letter.. ?
Like is it something they will read, and go oh your right, or will they investigate it and see what all went wrong, Umm, Like I dunno...
Or should I treat it like per say a I dunno, has to be something cause I'm gonna have to explain everything since it's something they
are just gonna read, it not like well we read it and have questions, and I can then re-but or explain in more detail I guess I am thinking
if I don't explain it well enough in this statement....

I dunno what merit or requirements they use to base the appeal on as to if I succeed or fail.. IE Benefit of Doubt...
If I use things that my CM and I talked about when he did the home visit, only thing I have is my word against his
Ohhh this is gonna drive me crazy... But ya I'll send out copies to A few others, and list on the bottom page who I CC'D to

Anyhow, Thanks Again OldZipperhead, greatly appreciated

You can start the process by writing a letter to DVA outlining the facts (ensure you do it in a neutral manner, no emotions) and explain the reason why the time-lag between e-mails etc…
A lawyer is the last resort, but you may wish to contact the Veterans Ombudsman to gain some assistance, or at least put him on the distribution list and send him a copy.
With the letter, attach a hard copy of all the e-mails that you sent and received leading up to this situation.
That’s about all I can suggest at this time. If you wish someone to proof read the letter, I am willing to give it a shot. You can reach me at my e-mail david.stewart@bchydro.com also we can discuss further if required!

Hey All,

I have a question, dunno if anyone has an answer or not but I can only ask and see right...

Okay basically it's my VAC case manager has Canceled my ELB and rehab, for what he is saying I am non-compliant with the program.

Now this all started because I no longer have a permanent address, I now live in My 5th Wheel trailer, and I get internet when I can, and some day's I don't have internet...
But at one point I didn't have internet, due to the problems with it at the Campground, when he my VAC case manager had sent me an e-mail..
When I did answer it, it was 10 day's later when I was able to get on and get my e-mails anyhow, I had sent him an e-mail in which it took him over a month to answer,
but when I didn't reply to his responce for 10 day's, again with internet problems, he's pretty much saying in a harsh tone in his e-mail, that since I did not answer
his e-mail or took to long in answering his e-mail, I was now in non-compliance..

so after a couple e-mails back and forth, he was using something in my one e-mail where I was so pissed that he was using this not answering e-mail in 10 day's and
I was non-compliance, that I said well ya know if this is how it's gonna be, and stuff that why not just cancel the fricken thing, and stick it cause your gripping I
didn't answer an e-mail for 10 day's, like before I moved into my 5th wheel trailer, we had a face to face, and I told him, I might not get on for weeks at a time, I dunno where I
will end up, and the whole thing, and of course I said, you know if the crap gets to much I'll tell ya to stick it..

And he said no, I know what you are going through I won't let you get out of it that fast and all the other BS he was talking, cause he is using what I typed in my one e-mail
when I was reallypissed against me, and I said Hey I told ya this would happen.. But anyhow...my last responce back to him was back around 21st of June,
to this date he still hasn't answered that e-mail, as I had stated, I have no phone, I have an emergency Cell prepaid, but I don't use it cause it's like 40 cents a minute
and we can talk back and forth via e-mails so like I can keep a copy of what's being said, and that, so what is it that you want to know or get done ya know..

But he never answered it, and today, 1 month later, I get an e-mail from Him, saying I am again in non-compliance and therefore my ELB and rehab is canceled
and I can appeal in writing 60 day's bla bla bla...

So now after all that, here's the question.. Are we pretty much by ourselves on these appeals, or is there assistance available for us to talk to or to help us
write the Appeal letter...
Cause I don't think the BPA has anything to do with it, so is it we are on our own, and or have to pay out of pocket for legal advice from a lawyer or who can we
turn to, to get the answers about appealing this cancellation..

Cause I did respond to him, via e-mail, but he is going of that I didn't call him, but e-mail and or phone call I was still in touch, he was the one who didn't answer
my e-mail as to what he wanted..
So anyone know who we can call or get hold of for assistance..

Thanks Everyone.. for listening to my rant....