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Social Security Tribunal OUT OF SERVICE Backlog

The rush to relieve the backlog of thousands is on at the Social Security Tribunal of Canada.

Minister Jason Kenny said the backlog of thousands would be gone by this summer.
The New Minister Pierre Poilievre Responsible for taking care of the backlog (that this blogger has contacted, but had no response from) has not gotten rid of the backlog of Appeals.




Someone called. We could not make it out. Someone called again, it was the Social Security Tribunal of Canada, her message said “if your matter has already been completed then you can disregard this call” “otherwise you can call us” and left an OUT OF SERVICE NUMBER 1-877-277-8577.

I emailed the Social Security Tribunal and was informed that I had been given the wrong number by them and it should have been 1-877-227-8577.

To make matters worse the email he replied back to me with quoted someone else s case number! Not mine!

Am I in the twilight zone?

I was a MVA victim in 2007 after a fatal 3 car crash. My application for CPP Disability Benefits was launched in 2008. I still have not received a complete copy of my file, and a lot of what they have sent me so far, is unreadable to any human. At least they didn't leave my medical-legal file on a bench in front of our house unattended this time.

The latest opinion from xxxx the Medical Adjudicator at Service Canada in August was that I have not established a Disability that is “Severe and Prolonged”.The (hired gun) Adjudicator out of the Chatham office goes on to say that I did not provide any medical documentation to support my Disability. 
They have however acknowledged receipt of my 105 page fax to them with the case file number GD37-1. The fax included the Ontario Superior Court of Justice Mediation Brief that included medical documentation to support a finding of a “severe disability”. 
My submitted Doctors findings should not be taken lightly as they come from respectable sources. 
One submission in the Brief is from a Doctor with a 25 year career in the hospital sector focusing on neurological disorders, schizophrenia, and pediatric brain injury and pediatric oncology including consultation to the hospital MS Clinic an acute psychotic disorders clinic. He has a long career in psychological research and scientific publication and presentation. He has published in the areas of chronic insomnia, neurohorrnoes in schizuphrenia, metabolic brain imaging in schizophrenia (positron emission tomography), and neuropsychology of schizophrenia. He carries out psychological asssessment and treatment, supervises clinicians, and carries out psycho legal and multidisiplinary-legal assessments and testifies at Arbitrations and Court. He was the Director of the Hamilton Medical-Legal Society and past President. He has been co-chairman of the Ontario Psychological Association Task Force on Auto Insurance. He was appointed by the Minister of Finance to the Accident Benefits Advisory Committee for Bill 164. He was appointed by the Minister of Finance to be a member of the Ministers Committee on the Designated Assessment Center System for Bill 59 and held the position for a year. He was appointed to the Expert Panel reviewing the Catastrophic Impairment SABS. He was a founding member of the Canadian Academy of Psychologists in Disability Assessment (CAPDA). He received the Karl Heiser Presidential Award from the American Psychological Association and the Ontario Psychological Association Award for his advocacy efforts on behalf of professional psychology. He received the OPA Lifetime Achievment Award. 
Other medical-legal documentation provided to the Social Security Tribunal was from a doctor whos is a registered psychologist with areas of competence in rehabilitation and clinical psychology. He is a partner at a psychology clinic and assessment centre. His doctoral degree is in Clinical Psychology, with a minor in Health Psychology. He has a post graduate diploma program (DESS) through the University of Montreal Faculty of Medicine in Insurance Medicine and Medicolegal Expertise. He has a Master of Science in Community Counselling with specialized training in vocational assessment and counselling. His doctoral training included assessment, diagnosis and treatment of severe mental and behaviour disorders in private and public psychiatric inpatient hospital settings, as well as sheltered workshops. He has also performed disability assessments for patients with severe mental disorders applying for Social Security Disability. As a clinical psychologist, he worked in several chronic care facilities, assessing, diagnosing and treating patients with severe psychological disorders, including psychotic and severe mood disorders. Upon immigrating to Canada he has re specialized in rehabilitation psychology. He since has performed hundreds of psychological disability assessments in relation to M.V.A, WSIB, and other personal injury contexts. He was on the FSCO roster for Post 104 and Catastrophic disability assessors, and has performed hundreds of Catastrophic, Post-I 04 disability and psycho-vocational assessments. He has published scholarly works with respect to catastrophic impairment, and created educational modules addressing catastrophic impairment evaluation for psychological disability assessors. disability and psycho-vocational assessments. He delivered the 2010 Keynote Address to the British Psychological Societys Division of Counselling Psychology on the intersection of psychological assessment and the law. He has also edited two books on the application of humanistic theory to psychological treatment and has also published book chapters and articles in this area. He was the President of the Canadian Academy of Psychologists in Disability Assessment (CAPDA). He has been accepted as an expert witness in Ontario courts. GD37-52

Their medical documentation in the Brief supports a finding of a “chronic pain” , “severe disability” , “severe depression” , “PTSD” , “suffers permanent and serious impairment” , I am “neither exaggerating nor feigning” , “tends to minimize his complaints” , “suffers a complete inability to engage in any employment for which he is reasonably suited by education, training or experience”, “is at a competitive disadvantage in the workforce”. GD37-33 / GD37-34 / GD37-35 / GD37-37 /GD37-38

Also included was a Chronic Pain Assessment from yet another doctor that states: “his neck disability” , “suffered a significant functional, financial and emotional loss” , “suffers from Degenerative Disc Disease in his Cervical Spine, as well as debilitating Myofascial pain syndromes in his cervical spine.” , “severe disability”, and “complete disability” , “WADS III of the neck”. GD37 – 105 / GD37-23 / GD37-25 / GD37-105.

Also included in the Brief was yet another doctor report that states: “completely disabled from any occupation to which he is suited by way of his education, training or experience.” GD37-43

Another Doctors report included in the Brief states: Overall, I am “not employable”. GD37-32.

Rather that go long winded in this post I submit that I have provided enough medical documentation to establish my disability just from the above doctors. You have the other reports and blog postings I will not duplicate them here.

Today I finally received a date for my Appeal Hearing. The date on the notice was 39 days ago. The notice says that my hearing is not going to be until 2016, next year!

In this effort to get rid of the backlog of thousands how many are getting run over. What happened to the pledge to wipe out the backlog by this past summer? How many Appellants are still backlogged at the Social Security Tribunal of Canada?
If my Medical-legal experts are good enough for the Ontario Superior Court, a mediator, numerous doctors and lawyers, and 4 insurance companies they should be good enough for Service Canada and the Social Security Tribunal. I hope that the Tribunal Member that decides my appeal takes into account my medical-legal evidence submitted here in from real Medical experts, that write the rules, and not Service Canada employees with an agenda.

Sincerely,
name removed
CPP Disability Applicant since 2008,
MVA-Insurance-Victim since 2007.



Thank you to all those who help me with my writing and blogging and to those who follow my blog. Unfortunately I have been diagnosed with astigmatism and cataracts in my eyes recently. Advocating for MVA victims will have to be less frequent. Seeing (reading and writing) has now been added to my list of Medical problems.

NO NAMES ARE POSTED ON THIS PAGE AT THIS TIME
THIS POSTING WAS SENT TO THE SOCIAL SECURITY TRIBUNAL OF CANADA NAME INCLUDED 
Cc: undisclosed
Social Security Tribunal appeal stacked against claimant

Social Security Tribunal appeal stacked against claimant

Monday, July 27, 2015
Social Security Tribunal appeal stacked against claimant


Via Facsimile 1-855-814-4117 Social Security Tribunal of Canada
RE: IN THE MATTER OF APPEAL GP-xx-xxx

Dear Social Security Tribunal:

I acknowledge receipt of a letter by xxx -IS Operations Manager, General Division Dated July 16, 2015 informing me that your are now “ready to proceed” with my Appeal.

I do not understand how you can be ready to proceed without fulfilling your obligation to provide me a copy of my previously requested file.

Until I am able to receive a complete copy of my file I am unable to proceed in defending myself and presenting the facts.

As you know my file represents the how, when, and why I have an appeal with you, and is the record of events for any future actions against the Social Security Tribunal in the event of the continuation of these unjust denials. Its all relevant. I wish to discuss with the Member assigned my file all relevant information regarding my file and my Appeal. So again, I kindly ask for an updated copy of my file.

Even if I am unsuccessful in my Appeal I still require everything that I sent to the Tribunal to be part of the record as it confirms and demonstrates the facts of my long journey through this preconceived nightmare designed to deny, humiliate and thoroughly frustrate legitimate victims that have already been threw enough interrogations from their insurance companies hired guns and wordhirelings. All orchestrated by the IBC and bad politicians that pray on the week, sick, and injured, for profit.

Doctors that don't stand up for legitimately injured patients are most to blame in this charade of politics and money makers. My 7 year Appeal process is just another example of an upside down world where the money doesn’t go to where its suppose to. Bad Doctors that don't properly investigate are at the core of the backlog problems at F.S.C.O, our courts, and the Social Security Tribunal of Canada.

As Service Canada has used my blogging (about them) as an excuse not to pay my disability benefits attached you will find my latest blog entry advocating for the thousands of people waiting at your Tribunal because of bad decisions by disgraceful, dishonourable and unprofessional Service Canada employees.



As you know my faxes to you and my blog still asks for the Chairperson of the Social Security Tribunal xxx to answers numerous, unanswered, questions.
I have no acknowledgement that the Chair is getting my correspondences. Is she receiving anything? Should I resend?

Also, will I be permitted to audio/video record my appeal hearing?

Finally, attached you will find my completed “Hearing Information Form”. You will notice that I have not answered the witness question at this time. What are the rules for witnesses?
I submit that anyone that has correspondences, investigations, or relevant knowledge of this appeal makes them a witness to this Appeal. Furthermore, is there a limit to the number of witnesses?

With my injuries, no consumer protection, no consultation or mind reading skills I continue to have difficult understanding why this process is designed so difficult for a legitimately injured person. You should all be ashamed.

Looking forward to hearing from you as soon as possible in this regard.



Thanks to all those who help me write my letters and blog postings since 2007.


Cc: undisclosed

Source: http://survivingacollision.blogspot.ca/2015/07/social-security-tribunal-appeal-stacked.html

CPP Disability take a number now serving appeal 200,000


What are the number of appeals backlogged at the Social Security Tribunal?

The following comment was made by Fair Association of Victims for Accident Insurance Reform on the Toronto Sun site back in November of last year.





In February of this year Minister Jason Kenney pledged to wipe out the Social Security Tribunal backlog of 11,000 by this summer.


The backlog was also discussed later in the house by Mr. Robert Aubin (NDP).
He said: "Mr. Speaker, on Tuesday the chair of the Social Security Tribunal confirmed that there are significant delays in the processing of cases: 14,677 cases are languishing on her desk."


So what are the numbers now?


More importantly, how would you get rid of such a backlog of appeals...fairly?


The Tribunal Chair refuses to acknowledge or respond to my letters as an appeal applicant, or as an advocate for these disabled Canadians that have been waiting for years at the tribunal backlog.


Knowing that these disabled Canadians can't respond our government has reaped the $$$ in withholding these benefits. Appeals in the take-a-number-lineup because of bad decisions by Service Canada and their policy of delay, deny, wait for them to die.

In my case these benefits that my employers and I have paid into mandatorily since 1979.

http://survivingacollision.blogspot.ca/2015/01/delay-deny-wait-for-them-to-die-at-sst.html

http://survivingacollision.blogspot.ca/2015/05/where-do-victims-go-when-insurers-dont.html

And what of my appeal that was launched back in 2008?

Will it be fairly heard after my blogging about the Social Security Tribunal and advocating for the unknown thousands of Appellants?

What do I have to do to be heard and what will It take to at least acknowledge my correspondences by the Social Security Chair Ms. Brazeau.

Sincerely,
Mr. xxxx xxx
Surviving a Collision:   http://survivingacollision.blogspot.ca/
Crash Survivor 2007.



Social Security Tribunal says more than 14,600 Canadians are now waiting for a hearing:
http://survivingacollision.blogspot.ca/2014/11/social-security-tribunal-says-more-than.html

Medical-Rehabilitation & Attendant Care - Summary of Cuts to Accident Benefits

Medical-Rehabilitation & Attendant Care - Summary of Cuts to Accident Benefits

Click here to email your MPP today about these cuts!

  • Rehabilitation (“rehab”) benefits cover a range of medically necessary goods and services that aren’t funded in the public system such as physiotherapy, speech therapy, psychology, medications, accessibility renovations, nursing, wheelchairs, artificial limbs, etc.
  • Attendant care (“AC”) benefits cover the services of personal support workers to assist with bathing, dressing, toileting, etc.
  • All goods and services are always subject to the insurer’s determination of what is “reasonable and necessary”, so insurers can deny any request for rehab or AC services even if funds are available
  • There are approximately 65,000 people injured in motor vehicle accidents in Ontario each year: minor injuries account for about 80% of all injuries, serious injuries account for about 19%, and catastrophic injuries account for just 1%; insurers have strong controls over which individuals get classified into which severity category
1996
2010
2014
Budget 2015
Rehab for Minor and Serious Injuries:
$100,000 plus the cost of assessments; minor injuries were subject to care pathways
AC for Serious Injuries:
$72,000
Rehab for Catastrophic Injuries:
$1,000,000 plus the cost of assessments
Attendant Care for Catastrophic Injuries:
$1,000,000
Rehab for Minor Injuries:
$2,200 with an option for an additional $1,300; in-home assessments eliminated
Rehab for Serious Injuries*:
$50,000 including the cost of assessments (approximately a 65% cut in benefits)
AC for Serious Injuries:
$36,000 (a 50% cut)
Rehab for Catastrophic Injuries:
$1,000,000 including the cost of assessments (approximately a 20% cut in benefits)
Attendant Care for Catastrophic Injuries:
$1,000,000
Rehab for Minor Injuries:
No further changes to limits but additional documentation required
Rehab for Serious Injuries*:
No further change to limits
AC for Serious Injuries:
$36,000 for outside caregivers; family member caregivers must demonstrate direct economic loss
Rehab for Catastrophic Injuries:
No further change to limits
Attendant Care for Catastrophic Injuries:
$1,000,000 for outside caregivers; family member caregivers must demonstrate direct economic loss
Rehab for Minor Injuries:
Awaiting a report with recommendations
Rehab and AC for Serious Injuries**:
$65,000 combined (a $21,000 or additional 25% cut)
Rehab and AC for Catastrophic Injuries**:
$1,000,000 combined (a $1,000,000 or additional 50% cut)
Budget also suggests changing the criteria for “catastrophic”
 
* Optional Benefits
In 2010, the government introduced “optional benefits” to allow buyers of auto insurance to buy better coverage.  Our members’ experience with agents and brokers is that this is rarely discussed when policy renewals come up and most brokers are unable to speak to what med-rehab and attendant care benefits cover.  Data from FSCO released a couple years ago confirmed that less than 2% of policy holders bought optional coverage.  This is in stark contrast to optional liability coverage which agents and brokers always encourage policy holders to increase from the mandated $200,000 to $1,000,000 or $2,000,000 (liability coverage pays for the rehabilitation and expenses of someone a policy holder injures in an accident, whereas accident benefits pay for one’s own rehabilitation and expenses when injured).  It is unconscionable that drivers in Ontario are encouraged to ensure they cover someone else’s health care needs to the tune of $2,000,000 in coverage, yet are told that they need less than $50,000 to cover their own health care needs.
 
** Combining Rehab and AC Benefits
The 2015 budget suggests combining rehabilitation and attendant care benefits into one fund, meaning the most seriously of injured people (e.g., those who are paralyzed, people with amputated legs or arms, individuals with severe brain damage, etc.) will be required to choose between getting help to maintain their personal hygiene (bathing, toileting, dressing, etc.) or getting rehabilitation to improve their functional abilities.  This represents one of the most distasteful slashes to the dignity of those with disabilities in the province of Ontario, and because of the small percentage of people who fall into these categories, the savings to insurance companies will be negligible.
 
SUMMARY OF IMPACT ON DISABLED ONTARIANS
Prior to the 2015 Budget announcement, Ontario had already devolved to having the worst rehab insurance coverage in the country on a weighted average basis (80% of injuries access up to $3,500, 19% access up to $50,000 and 1% up to $1,000,000 = weighted average of up to $22,300 in available rehab benefits, if the insurer approves the funding).  With the 2015 Budget announcement, this figure drops to an appalling $15,400.  In 6 years, the Ontario government has reduced rehab funding in the auto sector from a weighted average of $50,000 to $15,000 – and this in the context of publicly funded outpatient and home care rehab services being drastically reduced or eliminated in most jurisdictions across the province.

Numerous other changes have been made to the Accident Benefits package in the past 6 years, all designed to constantly boost insurers’ profitability and all on the backs of injured and vulnerable Ontarians.  The important balance between insurer profitability, premium levels and consumer protection was pushed to the brink in 2010 and will be completely destroyed with the 2015 Budget announcement.  Our government passes seatbelt, helmet and smoking laws to keep people safe.   And one of our most deeply held Canadian values is to provide a safety net for the most vulnerable among us.  The Ontario government needs to show that it cares as much about its citizens as it does about insurer profitability.  Disabled Ontarians and their families are too busy trying to get through basic daily activities with some dignity and hope; they can’t lobby the way the insurance industry can.  You, our MPP, need to be their voice. 

Please stop these proposed changes, review insurer profitability, and let the impact of all the other cuts take place before enacting any new regulations that further disadvantage injured Ontarians.

Source: http://www.ontariorehaballiance.com/page/insurancechanges