SISIP LTD 2002 - 2018

[Nemo888]

Now on to something important,

The SISIP plaintiff Dennis Manuge fired this off to the CDS. Maybe we should send him a few more letters.

_____________________________________________________________________________________

Dear General

I am wondering why we, the SISIP Class, have not heard from you at all since May 1, 2012 [decision day] and since the Federal Government has decided not to appeal the Federal Court Decision in the SISIP class’ favour.

As the current CDS and SISIP policyholder, and as the uniformed leader of the CF, your silence and your lack of looking after the troops on this issue are quite perplexing.

You are most likely aware of the delays going on  from your side’s part to this point in addressing the remaining disabled veterans of the class that have been looked after yet. This would be in terms of having their SISIP LTD reinstated, nor have any of the class been advised or has the DOJ let us know how they intend to provide our retroactive payments back to 1979, interest, possible damages, etc.

If you are unaware of the delays, such as DOJ lawyers telling our legal folks they are taking the first weeks of July off for vacation, rather then sitting down with our legal team, that perplexes me even more. Sir, I am asking you to demonstrate some leadership on this issue and light a fire under DOJ and senior bureaucrats to get the ball rolling. Luckily, our legal staff convinced DOJ to sit down in Ottawa next Wednesday and start some discussion, rather than us starting to file court motions on the remaining and outstanding issues.

May I remind you Sir, that the folks that have not had their SISIP LTD payments reinstated yet are the most seriously disabled members of the Class and the most disadvantaged due to the claw back.

How about starting retirement soon knowing you did all you can for your troops who have gone down in the line of duty! I am sure you have the ability to address the media at your leisure and we the class would sure appreciate some uniformed leadership and support. It is funny how a disabled Corporal Vehicle Technician (medically released) has been the one to look after the troops regarding this issue. I have never heard from one flag officer or anyone above the rank of Major in the 9 years I have been advocating and battling legally. Pretty much sums things up as to why it took a Federal Court Justice to come to our rescue. Where are the senior leaders?

Respectfully

Dennis Manuge
Representative Plaintiff, SISIP Class

 

[The Bread Guy]

The latest from The Canadian Press:

The federal government will stop the clawback on pensions of disabled veterans starting on July 1, but it's still negotiating retroactive payments to those covered by a Federal Court ruling.

Defence Minister Peter MacKay announced an end to the clawbacks in a statement on Friday, two weeks after the Harper government decided not to appeal a court ruling that sided with veterans.

A class-action lawsuit was filed in March 2007 on behalf of Dennis Manuge and 4,500 other disabled veterans whose long-term disability benefits are reduced by the amount of the monthly Veterans Affairs disability pension they receive ....

More of the latest from CP:

Some of Canada's most severely injured veterans say they are still seeing their military pensions clawed back despite a court ruling that found the practice illegal and a decision by Ottawa not to appeal the ruling.

Veterans with debilitating injuries said they thought their payments would increase when the federal government announced in May that it wouldn't challenge the Federal Court decision on the so-called clawbacks.

The court found the government was acting illegally by reducing veterans long-term disability benefits because they were receiving pain and suffering payments and other awards.

Defence Minister Peter MacKay said the clawbacks would end July 1.

But many vets are still having thousands of dollars withheld, reducing their disability payments to nothing.

Ron Cundell, who receives a Canada Pension Plan disability benefit, a military pension and a pain and suffering award from Veterans Affairs, said his long-term disability payment has not been reinstated.

"The most severely injured — we're getting squat," he said from his home in Angus, Ont.

"It's being used as a negotiation piece between the law firm and the Department of Justice. The most severely injured Canadian soldier is a pawn."

( .... )

Peter Stoffer, the NDP's veterans affairs critic, said the federal government could easily start the payments that he says the former military members are due.

"The government should be saying whatever it takes to fix this system, fix it," he said.

In an email to The Canadian Press on Friday, a spokesman for National Defence said the government "has begun discussions with the claimants' legal team to resolve all outstanding issues." ....

 

[The Bread Guy]

From the Veterans Ombudsman's blog with a bit of the latest....

.... to help overcome the current information void, I thought I should share a few points from our discussions with the Department (of Veterans Affairs):

• The Department is committed to ending as quickly as possible the practice of offsetting Pension Act disability pensions from its programs, namely the War Veterans Allowance, the Canadian Forces Income Support Benefit and the Earnings Loss Benefit.
• Unlike the Canadian Forces, which can quickly change the wording of the SISIP policy, Veterans Affairs Canada has to work through the “machinery of government” to change the regulations. This takes some time. The Minister has committed to communicating the way forward and I will continue to press for the clear and timely release of information.  I would expect that regardless of when the revised regulations come into effect, there would be retroactivity to the date at which SISIP stopped the practice of reducing long term disability (LTD) benefits payable to disabled Canadian Forces members under the SISIP policy by the monthly amounts payable to them under the Pension Act. The Department was very receptive to communicating their timelines to the Veterans community.
• The Office is aware that payments under both SISIP LTD and the Department’s Earnings Loss Benefit are reduced to zero as a result of offsetting, in cases where a Veteran’s disability pension and/or military pension (under the Canadian Forces Superannuation Act) exceeds 75% of his or her salary at release. In such cases, referred to as ‘zero sum clients’, there is no requirement for SISIP or Veterans Affairs Canada to provide for income loss. (Note that the offset of payments under the Canadian Forces Superannuation Act will continue).
• The Office has confirmed that SISIP has, on a go forward basis, made the payment adjustments resulting from the Federal Court decision to LTD claimants who are receiving payments and to ‘zero sum clients’ who applied for LTD benefits within the last 24 months. However, SISIP has also decided that zero sum clients who applied for LTD benefits more than two years ago will have to wait until the negotiations are settled before receiving a monthly payment. This means that all those under SISIP LTD receiving maximum disability pensions, which are the most seriously disabled individuals, will have to wait the outcome of the negotiations while the less seriously disabled individuals benefit immediately. On a positive note, Veterans Affairs Canada anticipates that ALL ‘zero sum clients’ under the Earnings Loss Benefit will be paid on a “go forward” basis irrespective of when the class action negotiations are completed.

I expect that Veterans Affairs Canada will be communicating with the Veterans community shortly and I will continue to encourage the Department to do so regularly.

 

[dogger1936]

I'm a little lost here on the wording honestly (it's a huge issue of mine my reading comprehension is ****ed) How does this decision affect veterans who applied 2 years ago when they would have fallen under the NVC?

Confused and if someone can dumb it down a little it would be great.

Cheer's

 

[Occam]

I'm a little lost here on the wording honestly (it's a huge issue of mine my reading comprehension is ****ed) How does this decision affect veterans who applied 2 years ago when they would have fallen under the NVC?

Confused and if someone can dumb it down a little it would be great.

Cheer's

It doesn't.  It only affects those under the Pension Act.

 

[krustyrl]

Can someone who is recieving a VA Pension and  on SISIP LTD let us know if the monthly VA Pension was in fact NOT factored in for this month and recieved on top of the LTD.?     

 

[krustyrl]

UBC negotiator appointed.                        :



http://www.marketwire.com/press-release/negotiator-appointed-to-service-income-security-insurance-plan-class-action-suit-1685835.htm

 

[The Bread Guy]

More from The Canadian Press:

The federal government has appointed the president of the University of British Columbia to help resolve a dispute with Canadian Forces veterans over long-term disability benefits.

Stephen Toope, a former dean of law at McGill University, will serve as the federal representative in talks to resolve a class-action lawsuit that aims to stop federal benefit clawbacks.

"The well-being of both our serving and retired members is important for our government," MacKay said in a statement.

"This appointment further underlines our intent to work towards a positive resolution in this matter."

A Federal Court ruling in May found Ottawa was acting illegally by clawing back long-term disability benefits from veterans who were also receiving pain and suffering payments and other awards.

But while MacKay said the clawbacks would end in July, some veterans whose extra payments exceeded the limit of 75 per cent of their military salary — often those who were most severely injured — have complained their benefits were still being reduced.

Advocates for veterans rights have said those former soldiers with the most grievous injuries should see an immediate reinstatement of the benefits, particularly since many can't work and rely solely on pain and suffering awards ....

 

[bison33]

Can someone who is recieving a VA Pension and  on SISIP LTD let us know if the monthly VA Pension was in fact NOT factored in for this month and recieved on top of the LTD.?     

My July SISIP payment was indeed higher, by the same amount as my monthly VAC payment.

 

[krustyrl]

Certainly good news.! 

 

[The Bread Guy]

There's growing concern among veterans a big chunk of a planned multi-million settlement over the clawback of military pensions could be gobbled up by legal fees.

One member of a class-action lawsuit has written to Defence Minister Peter MacKay, asking that the federal government pay the cost of lawyers over and above any out-of-court compensation that arises from upcoming negotiations.

"I hope that you make a separate reasonable payment to lawyers in accordance with the reasonable fees set by precedent in the courts," wrote Louise Gagnon, a retired major.

"This payment should not come from the monies contractually and honourably owed us."

(....)

Information from Veterans Affairs Canada suggests legal fees could be included in whatever final agreement is made.

"By agreement with the representative plaintiffs, counsel fees may be calculated at 30 per cent of any amounts recovered,"said the department's website.

"If a settlement, judgment, voluntary payment or execution or other benefit is obtained, the lawyers will apply to court for approval of a fee that is consistent with the terms of this agreement, or some lesser amount. The court will decide what amount is fair." ....

The Canadian Press, 13 Aug 12

 

[The Bread Guy]

How much did the Manuge case cost the Government (legal costs)?

$750,462.74, from a Sessional Paper filed in the House of Commons last week - shared for personal information/research only.

 

[dogger1936]

The next lawsuit regarding the NVA will be fired up here shortly. I HOPE to see the govt not fighting this one tooth and nail.

 

[krustyrl]

Posted by: dogger1936
« on: Today at 22:26:01 »

    Insert Quote


The next lawsuit regarding the NVA will be fired up here shortly. I HOPE to see the govt not fighting this one tooth and nail.

Would you be referring to the NVC.?

 

[dogger1936]

Would you be referring to the NVC.?

Sorry yes the NVC.

 

[krustyrl]

Just makin' sure.!     

 

[The Bread Guy]

Meanwhile ....

Compensating disabled veterans for the clawback of their military pensions could cost more than expected because the federal government is now considering retroactive payments going back almost four decades.

Internal government estimates have suggested the settlement could run to $600 million, a figure that may turn out to be low.

Late last week, lawyers representing ex-soldiers revealed that federal negotiators were still crunching numbers for the total compensation package and it was being “complicated by the fact the proposed amounts may go back to the start of the offset in 1976,” according to a letter obtained by The Canadian Press.

One of the veterans affected by the lawsuit said the federal government has only itself to blame.

“I can’t see it going to $1 billion, but if it does, the government was really stupid to let this go as long as it did over 40 years,” said Ron Cundell, a former sergeant and disabled veteran living near Barrie, Ont ....

The Canadian Press, 1 Oct 12

 

[Greymatters]

I believe this will be the next big case - more recently knonw as Bill C-215

http://openparliament.ca/bills/41-1/C-215/ 
http://openparliament.ca/bills/41-1/C-215/?page=2

 

[The Bread Guy]

Wonder how "important" it'll be....

Valcartier, QC — The Honourable Steven Blaney, Minister of Veterans Affairs, will make an important announcement about financial benefits for Veterans.

Location: Valcartier Garrison
100 rue Dubé, Courcelette, Québec

Date: Wednesday, October 10, 2012

Time: 10:00 a.m.

Parliamentary Secretary Eve Adams will also make an important announcement about financial benefits for Veterans.

Location: Cartier Square Drill Hall
2 Queen Elizabeth Drive
Ottawa, Ontario

Date: Wednesday, October 10, 2012

Time: 10:00 a.m. ....

VAC Info-machine, 9 Oct 12

Will shift into existing thread - if it fits better - once we hear more.

 

[Pieman]

Free T-Shirts and a Hoodie for any injuries? *fingers crossed*