Monday, August 3, 2015

Social Security Tribunal Appellant Substantiated by the Facts

In my years living with my injuries I have found the following relevant information to my Application for Canada Pension Plan Disability Benefits. And relevant to my own understanding of my injuries.

I kindly ask that the Member of the Social Security Tribunal assigned my case seriously consider the following:

In the crash, my cervical spine was over-expanded. But the whip stroke did not happened in the exact nodding axis of the head.

If you collide with an obstacle e.g. by car in a rather lateral way, or if cars collide on a crossing, then it is absolutely possible that the whip stroke is triggered a little displaced from the normal nodding axis and that it includes a kind of head shaking.

So it is indeed possible that twists also occur in the cervical spine. And not only this: We know from the cervical spines anatomy that the cervical spine has a network of ligaments and arteries. There is a joint connection (head joint) between the Atlas (C1) and the Axis (C2). This is the most flexible, but also the most unstable part of the spinal column. The Dens is a kind of buttress and prevents the head from over-flexion. All other movements like head shaking, nodding, turning the head etc. are secured by the ligaments and capsules.

In my injury there was a violent and not consciously controllable over-flexion of my head that had occurred. That way it was possible that my head joint consisting of Atlas and Axis was opened more than its anatomical limits allow.

Add the fact that the impact was at a hi rate of speed.

Add to that my head was inside the steering wheel at the time of impact and airbag detonation in a lateral way to my head.

Add to that the fact that the vehicle I was driving rolled 8 times.

Add to that the vehicle then hit a tree laterally.

Add to that the vehicle hit the tree upside/down.

The 3 vehicles involved were all completely right offs and one person died.

Its fair to say the injuries regarding my neck, shoulder, head, spine, and nerves are substantiated by the facts.

Its also fair to say my general well being for the past 8 years has been harmed because of broken insurance, justice, and health care systems, that are suppose to be there when we need them.

All the things that people only think they have.

I kindly ask that the Social Security Tribunal not reject the obvious science. Without the scientific method its just a set of opinions. By shaving, eliminating, and ignoring the facts that don’t quite fit, the continued hypothesis will consciously approach fraud.

Looking forward to hearing from the Social Security Tribunal in this regard.

Thank you.






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

Friday, July 24, 2015

The Social Security Tribunal rush to get rid of Appeals backlog

I finally received the "Hearing Information Form" from the Social Security Tribuanl today regarding my appeal that dates back to my application for Canadian Pention Plan Disability Benefits in 2008, after my MVA of 2007.

A letter was attached stating that my appeal is "ready to proceed". Finally!

The Socal Security Tribuanl is trying to get rid of the backlog of thousands of appeals by this summer:





There was more than enough money to pay Social Security Tribunal members to sit around and do nothing. For the first year of its existence, some tribunal members were paid $100,000 a year without doing any casework. Laws such as these can only be implemented when the population fails to scrutinize and remain vigilant, and falls unquestioningly for the propaganda camouflage.



I hope that when the Tribunal Member that is assigned to my appeal uses the facts, they are never wrong, despite every effort to the contrary.  Lets hope in the big rush by the Social Security Tribuanl to get rid of the Appeals backlog of 14,500 + Canadian appeals that we will all get a fair hearing.

Its already been unreasonable for this to have gone on for this many years, how about at least being fair in the end.


THE SPEED VERSUS JUSTICE ISSUE

There is also the concern about what happens to justice when “fast” becomes a tribunal’s watchword.   The UK Court of Appeal has recently provided us with a timely word of caution.
In Re S-W [2015] EWCA Civ 27, Sir James Munby, President of the Family Division of the UK Court of Appeal, offered this warning about the dangers of speeded up litigation:  
[54] We are all familiar with the aphorism that ‘justice delayed is justice denied’. But justice can equally be denied if inappropriately accelerated. An unseemly rush to judgment can too easily lead to injustice. As Pauffley J warned in Re NL (A child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam), [2014] 1 FLR 1384, para 40, “Justice must never be sacrificed upon the altar of speed.”

Surviving a Collision since 2007


SST Backlog – Clearing the Backlog – Admin Law Pitfalls in Government Intervention


Question Period: Shameful Social Security Tribunal Backlog: https://youtu.be/E9uUP294qaA



Jinny Sims in Question Period: Social Security Tribunal:https://youtu.be/61KIM-q5-pc



Jinny Sims in Question Period: Social Security Tribunal: https://youtu.be/c0FjdxdHYcY



14,500 Canadians waiting at Broken Social Security Tribunal: https://youtu.be/9WTzdq7E2K0



Social Security Tribunal members earned $100 000 a year to sit https://youtu.be/uznIpeWQXSs



Question Period: Shameful Social Security Tribunal Backlog: https://youtu.be/E9uUP294qaA 




Sunday, July 12, 2015

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.

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