VRAB

[Mediman14]

Does anyone know what is the average wait time for VAC Appeals to be processed?

Thanks

 

[blackberet17]

The standard is to have a written decision to the client six weeks from the date of the hearing. Roughly 85% of Appeal decisions have met the target.

The timeframe for application for appeal to the scheduling of a hearing is constantly in flux, and is affected by many factors; hence, no set standard.

 

[RobA]

The standard is to have a written decision to the client six weeks from the date of the hearing. Roughly 85% of Appeal decisions have met the target.

The timeframe for application for appeal to the scheduling of a hearing is constantly in flux, and is affected by many factors; hence, no set standard.

Is it considering an "appeal" if you're not appealing the decision but simply a fact in the decision?

In my case, I was recently approved for EL benefits but got my letter and they're taking off a large chunk for other income coming in (EI payments). My EI ended in early August though, and the money taken off is from September.

I'll be able to send in documents proving I'm not getting any money from EI in September. Would that be fixed relatively quickly since it's more of an administrative error then an actual appeal?

 

[blackberet17]

Hmm...before you burn a level at VRAB, request a Departmental Review.

Also, and I am checking on this, but I'm not sure an EL decision is something the Board can review.

Earnings Loss benefits fall under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, specifically section 18, whereas the Board deals with benefit applications under Part 3 of the Act.

Worth checking with the Bureau of Pensions Advocates. They can also assist with the DR prep.

 

[Mediman14]

Departmental review (DR), I assume VAC does that. Is there anyone particular to contact requesting an DR? Or just the normal 1-800 #. Would you happen to know how long that approx take?

 

[blackberet17]

Time to engage the Bureau of Pensions Advocates: toll-free 1-877-228-2250.

Timeframe will depend on the workload of the Advocates. It may be quick, it may not. I'm not sure what their turnaround times or standards are.

 

[RobA]

What exactly is the mandate for the BPA?

 

[blackberet17]

The Bureau's mandate is to assist clients in the preparation of applications for review or for appeals and to arrange for them to be represented by an advocate at hearings before the Veterans Review and Appeal Board.

All BPA advocates are lawyers and members of their respective law societies. Given their experience in pension matters, they are considered specialists in the area of claims for disability benefits. If you seek assistance from BPA, you will be treated in the same manner as if you were hiring a private lawyer to represent you. The solicitor-client privilege relationship between you and your advocate ensures that your confidentiality will be fully respected.

http://www.veterans.gc.ca/eng/about-us/organization/bureau-pensions-advocates/fact-sheets/BPA_Redress#a02

 

[RobA]

Roger, thanks.

Would one contact them for merely a departmental review? Or would you wait until you file a full on appeal with VRAB?

 

[blackberet17]

Roger, thanks.

Would one contact them for merely a departmental review? Or would you wait until you file a full on appeal with VRAB?

The Redress Process

If you have concerns with the decision you receive regarding your application for disability benefits, you may request the legal services of BPA without charge. Your advocate will inform you of your options. Some of these options are listed below.

Departmental Review

If you produce new evidence after receiving a decision with which you are dissatisfied, it is possible to have your claim reviewed again by VAC through a written submission called a Departmental Review. Alternatively, your case could proceed before a Review Panel of the Veterans Review and Appeal Board (VRAB), which is an independent federal tribunal.

http://www.veterans.gc.ca/eng/about-us/organization/bureau-pensions-advocates/fact-sheets/BPA_Redress

 

[RobA]

Ok, I feel like I'm getting the run around here. VAC tells me to contact BPA  and vice versa. I'll just break down my specific situation and blackberet17  (since you seem to be on the inside) maybe you could tell me how best to proceed (or anyone else, of course).

Recently approved for earnings loss and they took half my payment (and will for sometime) to pay an overpayment (first I've heard of it).

The ovayment is (I believe) in error. I was on earnings loss in 2013, amd after completing voc rehab (they sent me to college to learn a trade). I got a job after college, and informed VAC in late August. They never stopped paying me until October, and thats where the overpayment came in (they naturally assumed I was getting g paid dur8ng that time).

However, my job wasn't salaried, I was a contractor. When it came time to pay,  they stiffed me. EL guarantees me 75% of my military salary. Since I never got the income they assumed I was getting, my total income for 2013 was well below my entitlement for EL.

So I don't believe the overpayment is correct. I've got documentation (my tax returns from CRA showing that I did not reach the level required for an overpayment) and I've also filled out the form allowing VAC to get my tax returns for those years from CRA to support my claim that I wasn't overpaid my entitlement.

It seems like more of an administrative error then something I need to start an official review process.

I called VAC and they said I should call BPA and that I'll likely have to appeal my EL decision in writing (even though I'm fine with the EL decision. It's the overpayment I'm contesting, that has nothing to do with EL). I called BPA and they said they only deal with appeals for the disability award itself. EL (they say) is handled by VAC. But my issue isn't even WITH the EL. It's with the overpayment that's on my file.

Somebody tell me wtf to do. I'm getting pretty frustrated,  and also this is pretty stressful. I'm not able to work so this is my only source of income.  After the overpayment clawback, I'm going to have enough to pay child support and rent, or child support and food. But not both.

 

[blackberet17]

Personally, I hate dealing with bureaucracy over the phone. Too often, $hit gets further f**ked up when emotions get the better of our explanations.

I tend to do a lot of it in writing. It's on paper, I'm creating a traceable record, and I expect a response in writing (which I sometimes indicate at the end of the letter).

I tried to explain this in another area, but EL is dealt with - to my knowledge - by the Department itself. As it falls under Part 2 of the CFMVRCA (aka NVC), it does not per se fall under the review/appeal purview of BPA, nor under the jurisdiction of the Board, as per section 85 of the CFMVRCA.

I'm a little surprised BPA isn't assisting. I'll see what I can find out from colleagues in that AO.

 

[blackberet17]

As I thought, RobA.

BPA and VRAB are tied by the legislation, as found in section 85 of the CFMVRCA. As both EL and PIA are under Part 2, we don't have jurisdiction to hear EL or PIA. If it was disability award or CIB, yep, bring it, BPA will assist.

I wish I had a better answer in that regard.

Now, also. You can (and should) ask for a Departmental Review of the decision which put you into the position you currently find yourself.

Further, I'll quote some legislation dealing with overpayments:

88. (1) In this section, “overpayment” means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.

Recovery of overpayment

(2) If, through any cause, an overpayment is paid to a person or their estate or succession, the overpayment is a debt due to Her Majesty by the person or by their estate or succession, and may be recovered

(a) by deduction from any future payments made under this Act to the person or their estate or succession;

(b) in accordance with section 155 of the Financial Administration Act; or

(c) by proceedings in any court of competent jurisdiction.

Remission of overpayment

(3) If a person or their estate or succession has received or obtained an overpayment, the Minister may, unless that person or the executor of the estate or the liquidator of the succession has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that

(a) the overpayment cannot be recovered within the reasonably foreseeable future;

(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;

(c) the repayment of the overpayment would cause undue hardship to the person or a beneficiary; or

(d) the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration.

Erroneous payments of benefits or allowances

(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration and has been remitted under paragraph (3)(d);

(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

(c) the cancellation or reduction of the benefit or allowance would, in the opinion of the Minister, cause undue hardship to the person; and

(d) the benefit or allowance has been paid to the person for five years or more.

Recovery of overpayments

(5) If a person retains any amount of a member’s or a veteran’s compensation paid after the member’s or veteran’s death and to which the member or veteran was not entitled, that amount may be deducted from any compensation paid to that person.

Something to consider moving forward. I don't get to be the one who decides in the end, but hopefully this helps. If it's not clear, ask away.

 

[RobA]

That's exactly what I was looking for. Thanks for the help, it's much appreciated