Veterans win disability clawback challenge

[mentalfloss]

Veterans win disability clawback challenge

A federal court has sided with a group of veterans who sued the government over the way it handles disability group insurance.

About 4,500 veterans across Canada joined a class-action lawsuit, claiming the government was unfairly clawing back money paid out for pain and suffering.

The case hinged on the meaning of the word "income."

The government claimed the long-term disability benefits are only meant to be a top-up to make sure members receive 75 per cent of the income they were making before they were released from the military.

The veterans, led by Nova Scotian Dennis Manuge, argued that the pension was not income but rather recognition for the service and sacrifice of members of the Canadian Forces.

In a decision released today, a federal court in Halifax ruled that the government's actions amounted to a breach of policy.

Veterans win disability clawback challenge - Politics - CBC News

 

[petros]

Good!

 

[mentalfloss]

I'm surprised it was resolved this quickly.

Props to our legal system.

 

[bill barilko]

Why is it that Govt treats military veterans so poorly?

Is it just the mindset of the kind of low life bureaucrat scum who work in those places or something more odious?

 

[Goober]

Why is it that Govt treats military veterans so poorly?

Is it just the mindset of the kind of low life bureaucrat scum who work in those places or something more odious?

All Govts have. Look at the New Veterans Charter - Not 1 Vets org has said they agree with it - why - it screws the vet- UK brought in a similar charter before Canada did - It was screwed but they attempted to fix it. Still has problems but nothing compared to what we have with our so called Charter for Vets.

 

[The Old Medic]

Needless to say, this is NOT done yet. The Government will appeal, and if necessary, take it to the Supreme Court of Canada. If they lose there, they will just pass a law, allowing themselves the same rights.

 

[9969]

It's long overdue for these people, but lets not forget othrr Canadians.Those out there paying into a registered pension plan, anfd then get sick and disabled with a disease or injury, will have every dollar of PP disability deducted from their paid for pensions. Some people say that you shouldn't be able to stack your benefits and pensions but wait until they're 60, they can recieve their work pension and CPP? As statedearlier get sick, and the CPPD amount will be deducted. It wasn't right for the military, and it isn't right for those of us Canadians working who o get ill. Section 62.2 of the Bill of RIGHTS says those who pay ino registred pensions have no rights to seek equity. The miltary is a differenr schedual employee.

 

[JamesBondo]

Veterans win disability clawback challenge

A federal court has sided with a group of veterans who sued the government over the way it handles disability group insurance.

About 4,500 veterans across Canada joined a class-action lawsuit, claiming the government was unfairly clawing back money paid out for pain and suffering.

The case hinged on the meaning of the word "income."

The government claimed the long-term disability benefits are only meant to be a top-up to make sure members receive 75 per cent of the income they were making before they were released from the military.

The veterans, led by Nova Scotian Dennis Manuge, argued that the pension was not income but rather recognition for the service and sacrifice of members of the Canadian Forces.

In a decision released today, a federal court in Halifax ruled that the government's actions amounted to a breach of policy.

Veterans win disability clawback challenge - Politics - CBC News

So, if I managed a pension plan for the private section, I could give my recipients a tax free status by writing "Your pension is intended to be recognition for the service and sacrifice that you made for your employer".

 

[Cannuck]

They're entitled to their entitlements.

 

[personal touch]

Keep the good news coming!

 

[Curious Cdn]

They're entitled to their entitlements.

Yes, they are.

 

[9969]

If you have paid the premoiums, then you have expectations. If the government and/or the insurance companies take your money, then it's implied that the income stream will be there for you. Otherwise it is called fraud. The implication is clear, if they demand you pay the premiums, then they deduct from the income those monies you have paie the premiums for, it fraud.The argument for double dipping is moot, and is the notion of entitlements. If they don't want you to collect, then don't take the premiums.

 

[taxslave]

If you have paid the premoiums, then you have expectations. If the government and/or the insurance companies take your money, then it's implied that the income stream will be there for you. Otherwise it is called fraud. The implication is clear, if they demand you pay the premiums, then they deduct from the income those monies you have paie the premiums for, it fraud.The argument for double dipping is moot, and is the notion of entitlements. If they don't want you to collect, then don't take the premiums.

As told to me by a claims adjuster: Insurance companies are not in business to pay out claims. They are in business to make profits for their shareholders.

 

[9969]

Amen to taxslave, the profits are the incomes of disabled employees insurance companies and the PSSA are parasites. Read/sign e535 petitions canada

 

[JamesBondo]

I JUST CHANGED MY MIND. I now support this decision.

This thread is deceiving because it doesn't mention that manuge's case was won on the fact that in divorce and child support cases, the veterans affairs disability pension was already being treated as NOT income.

If the CBC journalist had stated this in their article, I might have - much earlier - been more supportive of this ruling.

 

[personal touch]

I would love to offer the veterans a self help,one day course on hyper sexuality and PTS,or recognition skills,something like that

 

[9969]

Every single Canadian out there working, should be equal under te laws of the land, but they are not. This was identified during the debate N/50 , in the 41st sitting of Parliament, 1st Session. It was during this debate, which incidently laid the ground work for the Manuge, and the White vs cases. The average joe/jane who developes cancer, has a stroke, whatever and has to provide for a family, has absolutely no rights like the members of the military and RCMP nkw have. This isn't right, we are all Canadians, and should enjoy the prorections we have all paid or. Read e-petition e-535.

There isn't a normal peron out thrre who would sacrafice for their employer, country yes, otherwise..

 

[JamesBondo]

There isn't a normal peron out thrre who would sacrafice for their employer, country yes, otherwise..

Workplace injuries are a form of sacrifice.

 

[9969]

I agree, work place injuries are a form of sacrifice, but the real sacrifice comes 2 years after getting injured. Then everh dollar that youneed for expenses is taken away from the handicapped/disabled.

 

[personal touch]

Like I did not say a thing