Showing posts with label victim. Show all posts
Showing posts with label victim. Show all posts
Wednesday, January 6, 2016
Surviving a Collision blog ending soon
I have a hearing date next week for my appeal for CPP Disability benefits that was launched back in 2008.
Surviving a collision since 2007
http://survivingacollision.blogspot.ca/2014/04/surviving-collision-full-story.html
You can find me on twitter @Bears_world
You can find me at Canadian Insurance News
http://cinsurancenews.blogspot.ca/
Service Canada Research Centre
http://servicecan.blogspot.ca/
Please use the contact forms at the bottom of those pages to contact me, thanks.
Bear.
#CPPbacklog
Tuesday, September 29, 2015
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.
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.
THIS POSTING WAS SENT TO THE SOCIAL SECURITY TRIBUNAL OF CANADA NAME INCLUDED
Cc: undisclosed
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
Sunday, May 10, 2015
Income Security Operations proceeding in your absence
According to recent emails from Income Security Operations
(General Division)
Social Security Tribunal of Canada:
"Can you please send the Tribunal your updated mailing address? We have attempted to mail you documents but they have been returned to our office as moved."
A previous email from them:
"Please include your full name (or full name of represented party) and appeal number (see Tribunal Number) on any future correspondence with the Tribunal. It is your responsibility to inform the Tribunal of any change in your contact information without delay. Failure to do so may have a detrimental impact on the appeal, as the Tribunal may be unable to reach you or send you any correspondence. Furthermore, the Tribunal may proceed in your absence. Please retain a copy of any information you send to the Tribunal."
Is this how they are going to get rid of the 14500+ appeal backlog by "proceeding in your absence"?
Anyone who has an appeal at the Income Security Operations (General Division) Social Security Tribunal of Canada might want to think about getting in touch with them to verify their address.
Surviving a Collision http://survivingacollision.blogspot.ca/
Previous post:
http://survivingacollision.blogspot.ca/2015/01/delay-deny-wait-for-them-to-die-at-sst.html
"Can you please send the Tribunal your updated mailing address? We have attempted to mail you documents but they have been returned to our office as moved."
A previous email from them:
"Please include your full name (or full name of represented party) and appeal number (see Tribunal Number) on any future correspondence with the Tribunal. It is your responsibility to inform the Tribunal of any change in your contact information without delay. Failure to do so may have a detrimental impact on the appeal, as the Tribunal may be unable to reach you or send you any correspondence. Furthermore, the Tribunal may proceed in your absence. Please retain a copy of any information you send to the Tribunal."
Is this how they are going to get rid of the 14500+ appeal backlog by "proceeding in your absence"?
Anyone who has an appeal at the Income Security Operations (General Division) Social Security Tribunal of Canada might want to think about getting in touch with them to verify their address.
Surviving a Collision http://survivingacollision.blogspot.ca/
Previous post:
http://survivingacollision.blogspot.ca/2015/01/delay-deny-wait-for-them-to-die-at-sst.html
Wednesday, January 21, 2015
DELAY DENY wait for them to DIE at the SST
Dear Murielle Brazeau:
T h i s C o r r e s p o n d e n c e h a s m a n y p a r t s
Submission to the Social Security Tribunal
This letter has taken along time for me to write given my headaches and mixing up letters of the alphabet. I was hit head-on by a young man speeding in his car back in 2007. GD5-15, GD10-421.
I want to say thank you to all the people that help me edit my letters and blog postings. Thank you. If it were not for you, my letters would not be so coherent, and family friendly. Unfortunately my patience is running out.
This letter addresses my Canadian Pension Plan Disability Application. It also advocates for the 11,000 people that have little voice waiting in the Social Security Tribunal backlog, awaiting more bullshit from the Social Security Tribunal denial team, that is part of the Service Canada denial team, that is part of the Insurance denial team, that denies legitimately injured Canadians that have paid into the Canadian Pension Plan for many decades access to clearly entitled benefits to survive on.
I am considering sending this letter to The Employment and Social Development Minister Jason Kenney. Hopefully when he reads it he will respond accordingly.
Medical File – Privacy Issues
I acknowledge receipt of my Medical file that was left on a bench in front of our house on December 3, 2014. I have uploaded the video of my medical file being delivered to a bench to youtube. http://t.co/lEyFQ9zJyr . Why would you not require my signature for this delivery?
My Medial file continues to be altered by pay-for-hire medical professionals writing what ever the hell they want, its turned into a fiction novel. It does not surprise me as they have already allowed access to my medical file anonymously at the Securedox on line database where they keep our personal medical files. I can only hope that at the least they have tightened up the security on the web site. http://survivingacollision.blogspot.ca/2013/12/hcai-security-breach.html
Its not just Anonymous access to my medical records and sensitive files are being downloaded, wordhirlings also have sent my medical file to unsecured mail servers and carry these files around with them on laptop computers! What morons do they have running the store with our personal information?
I am considering sending this letter to Brian Beamish Acting Privacy Commissioner of Ontario when I am able. Hopefully when he reads it he will respond accordingly.
Social Security Tribunal Unreasonable Conduct
Social Security Tribunal -I thank you for finally contacting me on the phone. I do appreciate the ring.
Oh, you claim it was two rings. Lets go with that.
You gave me two rings. No message was left. No call back number.
By your email you think two rings should give a person enough time to answer the phone.
What about a person that was hit by tons of metal at over 120 km/hr head on?
Would that person be able to answer you on the phone with only 2 rings?
What if we blow up an airbag alongside their head and then send that person spinning and rolling into a tree, then we could leave them upside/down in a twisted wreck? Would that do it for ya?
The 120km is just an estimate on my part, the officer that came to my door told me that the 18 year old “was going over 102km/hr at the end of his skid.” when he hit me.
I estimate it must be at least 120km by the length of the skid:
What do you think? Oh, ya, I forgot according to Phillis Brodie RN Service Canada she does not look at photos of the crash that caused my injuries. A relevant piece of information. Out of the three vehicles that were in our crash in 2007 all of them were unrepairable and one person died from the crash. That’s me on the stretcher in the pictures above.
At his rate of speed the 18 year old slammed into the driver behind me as well, and then hit a pole, and cement barrier. In the picture below you can see where he died.
Application For Canadian Pention Plan Disability
My first application for disability benefits was in 2008.
It was denied because of the lack of medical documentation. It was denied without Service Canada doing a full investigation. In 2008 I was told by my lawyer not to file a disability claim, I will not receive it because my case “would have to be resolved first”. My case took 5 years to resolve.
FSCO Backlog - Forced Settlement
Our insurer forced settlement by cutting of my IRBs just prior to mediation. We were told it could take more years to get a hearing because of the FSCO backlog GD5-13. I was a victim of a crime, no justice was served. http://www.fsco.gov.on.ca/en/drs/Pages/mediation-statistics-timelines.aspx .
This falls far below a standard of reasonableness that used to be expected in our justice system?
Social Security Tribunal Backlog Caused by Service Canada
Now I am at the Social Security Tribunal backlog with 11000 others being told that even if my appeal is successful they will not go back to my first application in 2008.
http://globalnews.ca/news/1703378/disability-benefits-wait-stretches-years-due-to-tribunal-backlog/
By not going back to the time of my disability disadvantages the freeze on my financial earning as of the date of my disability. This prevents CPP from establishing a record of zero of nil earnings to average into your future retirement or disability income calculation for the period you are disabled from working and not contributing to the CPP fund. Without this earning freeze future entitlement to CPP benefits, including retirement benefits are adversely affected.
From Letter to the Editor Craig Schindler, Cardston
60 % of Applications for a disability pension have been refused by two medical adjudicators at ESDC. These Medial Adjudicators are failing to do there jobs.
"Meanwhile, sick, suffering and dying Canadians are dealt a sentence of deep poverty because the program into which they have paid during their entire lives is ignoring them."
Craig Schindler
Cardston
http://www.dcac.ca/blog/post/Letter-to-the-Editor.aspx
Of course the backlogs could have been avoided
"delay was by design so that the government could balance the budget"
http://www.dcac.ca/blog/post/Of-course-the-backlogs-could-have-been-avoided.aspx
Its time to clean house and get rid of these Service Canada employees that are causing backlogs and clean up the mess of 11,000 of us awaiting appeals without just disposing of the appeals and making them disappear magically.
Medial Diagnosis / Stigma and Bias
In the 1980s I was diagnosed with tendonitis in both wrists and forearms from 13 years of manual factory line work (pallet loader) I know how to work hard for a living. In 1999 I was diagnosed with “Early Degenerative disc decease” GD10-266. Even with both of these deceases I managed to work until the crash in 2007. My medical records verify that even after the fatal crash I still tried to go back to work, on my own, but was unsuccessful because of my injuries. That should speak volumes as to my character.
An examination performed on me June 1, 2012 by BP Health clinic found the following:
Mood disorder, Anxiety disorder, Headache syndromes, Sprain and Strain of the jaw, Sleep disorders, Low back pain, Dislocation sprain and strain of the joints and ligaments of lumbar spine and pelvis, Pain in theracic spine, Muscle strain shoulder region, Other and unspecified injuries of shoulder and upper arm, Other symptoms and signs involving cognitive functions and awareness, Other and unspecified injuries of neck, Problems related to employment and unemployment, Cervical Disc Disorder with radiculapothy, Sprain and strain of ribs and sternum, Sprain and strain of lateral collaterol ligament of knee, Sprain and strain of (interphalangeal) joint of toe, Mild cognitive disorder GD17-190
An MRI on Sept 11, 2008 of my shoulder found “a focal linear hyperintense T2 signal abnormality in the anterior labrum “, “subltle edema in the adjacent paralabral recess.”, “acromioclavicular arthritis”, “degenerative cycts in the humeral head.”
An MRI of my cervical spine on September 28, 2008 revealed the following:
C3-4
“Mild prominence of the uncovertobral joints resulting in mild bilateral neuroforaminal narrowing.”
C4-5
“Mild circumferential disc ostoophyte complex with a flat small broadbased posterior disc bulge” ,”mild spinal canal stenosis in the minimal AP diameter of 9mm.”,
C5-6
“Mild to moderate circumferontial disc osteophyte complex effecting the anterior CSF collar with mild to moderate spinal canal stenosis with a minimum AP diameter of 8.7 mm. Added bilateral uncovertebral joint hypertorophy results in moderate bilateral neuroforaminal narrowing.”
C6-7
Mild circumferential disc osteophyte complex with bilateral neuroforaminal narrowing, moderate to severe on the right and moderate on the left”
The MRI report summary commented the following:
“At C6-7 there is moderate to severe right near frontal narrowing and moderate left near frontal narrowing."
I have been diagnose with Lumbar strain, Lumbago, Coccydynia, Siatica, and Chest wall strain (See: claims history Medical brief Section 21 2010-12-08), and WAD II – III GD10-234
Report dated March 12, 2012 by Maria Ross Occupational Therapist / Director states that I am "completely disabled for any occupation to which he is suited by way of his education, training or experience.”
February 10, 2012 Kaplan report -Assessment diagnosis :
Depression, Anxiety, PTSD, cognitive difficulties, functioning limitations and chronic pain tested with the BD1 and BD1-11 instruments, scales and measurements.
Doctors and pay-for-hire nerologissts, therapists, etc all expect you to be in a chemical straight jacket. GD5-14. The following prescribed medications did not work:
-Apo-amitriptyline Amitriptyline Hcl
-Toradol Ketoraolac Tromenth
-Novo-Nortriptyline
-Tramacet
-Tramadol Hydrochloride/ Acetaminophen
-Doxepin
I began using M E D I C A L Marijuana at the suggestion of a Doctor.
Phillis Brodie RN from Service Canada has issues with my medication. Phillis Brodie says that she does not believe in my choose of medications. That’s M E D I C A L Marijuana not Marijuana as she wrote in their submission to the Social Security Tribunal. I have the audio how bias when Phillis Brodie said to me on the phone “I don’t believe in it”. In our conversation it was quite clear her negative position about my legal medication. The bias is clear as it is written Marijuana not M E D I C A L Marijuana in their Service Canada submission. The inference is damaging given the stigma and damage to ones credit that is practiced when someone mentions Marijuana with the M e d i c a l part left out.
You must remember before the crash that has imprisoned me in your world of deceit I was a third generation professional truck driver with a perfect driving record. I was randomly drug tested as part of the Ministry of Transportation rules regularly as seen in my medical file, and at random. I always passed all of these tests. So when I tell you that I take M E D I C A L Marijuana now its because :
1- its a legal prescribed medication
2-it helps my symptoms
3-its better than alcohol and better than the poison pills from the drug cartel that the doctors make a living pushing.
My Sciatica comes and goes. The Severe pain goes from my lower back into my Right Leg into my Right Big Toe. I regularly am unable to put on my shoe because of the toe pain. It makes it difficult to walk. I have pain when I twist, pain in my back- upper and lower, chest discomfort, fatigue, pain if I sit too long, pain if I stand too long, burning pain in both shoulders, numbness in my left arm, pain when reaching, and grinding of my left shoulder.
I have been diagnosed with Myofascial pain syndrome. It is caused by injury or damage to the fascia. The syndrome has caused chronic pain in muscles throughout my body. Inflammatory conditions were caused by the spine compressing and decompressing in the crash. Getting hit head on like I did from a vehicle doing over 120 km/hr. will compress and decompress the spine.
Fascia is the biological fabric that holds us together. You are about 70 trillion cells all humming in relative harmony; fascia is the 3-D spider web of fibrous, gluey, and wet proteins that hold them all together in their proper placement. How fascia works as a whole – our biomechanical regulatory system – is highly complex and under-studied. Understanding fascia is essential to the dance between stability and movement – crucial in high performance, central in recovery from injury and disability, and ever-present in our daily life from our embryological beginnings to the last breath we take.
When pain is caused by myofascial tightness within the fascial system (the web of connective tissue that spreads throughout the body and surrounds every muscle, bone, nerve blood vessel, and organ to the cellular level) the diagnosis is more difficult, as fascia restrictions do not show up on MRI scans or X-rays. Source excerpts: http://www.anatomytrains.com/fascia/
I grind my teeth all night long (more and more during the day now) thinking about Service Canada and the Social Security Tribunal and the 11000 people that are being screwed out of our entitlements. I have jaw pain.
Air bag Detonation Damage
You can Google “air bag going off” to see what caused the Tinnitus I suffer from. The airbag going off in the side of my head at a force 2/3 more powerful than that of today cars (1997 Ford Crown Victoria) caused the Tinnitus. The constant hi pitch ringing in my ear is very disturbing. I sometime yell at people unknowingly. There is no cure. This information is always left out of all the pay-for-hire doctor reports.
It should be noted that my head was sideways in the steering wheel at the time of the crash and air bag detonation. I tried to protect my face from the head on crash by placing my head in the steering wheel. This information is always left out of all the pay-for-hire doctor reports.
I have had stitches in my head a few times as my medical history includes numerous concussions. I did have a lot of bumps on my head after the crash. My headaches last from 1hr to 3 days. Headaches make things difficult to say the least.
It is painful to look down, it is painful to look up, I try not to turn my head because of the pain in my neck-spine. I have memory problems and must write everything down. I have pain brushing my teeth.
Service Canada Intent to Deceive - Bad Faith Administering Claim
The Initial Adjudication Summary by Phillis Bodie RN Service Canada conveniently leaves out medical evidence. Nowhere in her Decision does she include all of my symptoms and diagnostics. An obvious conclusion of her intent to deceive is when she leaves out in her reporting of my MRIs. For example: “At C6-7 there is moderate to severe right near frontal narrowing and moderate left near frontal narrowing”. For her to leave out this part of my MRI evidence shows intent to deceive GD17-142.
Further more, the Service Canada submission to the Social Security Tribunal states: I did not go to see my doctor until 10 days after the crash. This statement conveniently leaves out that my doctor was on holidays at the time and I was unable to get an earlier appointment. For her to leave out this information clearly shows her intent to deceive. I would also point out that a 10 day appointment is quick, sometimes you have to wait a month, why even write this and include it in her report unless she was trying to deceive another. Why not include much more important medical information like my MRI results and a full account of the crash?
Service Canada Caught in Lie
Service Canada has denied my claim for Disability Benefits on the basis that “my insurer bought me a tractor and a backhoe”.
All the third party manipulation and alteration of the expert reports in my medical file has finally back fired on the pay-for-hire wordhirlings. The following will prove that my insurer did not buy “me a tractor and a backhoe”:
My occupational therapist recommended on May 4, 2012 a small Tractor to minimize the effect of my “functional losses” and maintain my property. "
Despite what Service Canada writes about the tractor it was denied by my insurer, even before they sent out their favourite pay-for-hire-medical-pupet to our house. GD1-10
The file management log of Susan Nowak from Vista Disability in 10/27/2011 states:
“talked to adjuster and he would like the OT to go to the home and address the OCF-18 would be denied next week so Ax in week of Nov 14 the. Talked to OT Manager and she suggested Jean Turgeon of Jonathan Kaine.” GD1-10
Then the adjuster with the help of the wordhirelings at Vista Disability rewrote the doctors report:
November 28, 2011 copy of email from Stephanie Doyon to Samantha Anstey – Vista Disability:
“Green highlights are revisions for Jonathan. Due to adjuster ASAP.” GD1-11
December 2, 2011 copy of email from Samantha Anstey Manager of Occupational Therapy Services – Vista Disability to Stephanie Doyon – Vista Disability:
“Hi Steph, Jonathan has reviewed and approved the revisions” The final is saved to the claimants folder. Thank you. “GD1-11
Even using their favourite pay-for-hire-medical-pupet and editing his report, it still said in his report: this assessor he can safely conclude that I do “not have adequate physical/functional abilities to perform the home maintenance responsibilities described for his 1.5 acre property.”
Will Service Canada or the Social Security Tribunal finally acknowledge that MY INSURANCE COMPANY DID NOT BUY ME A TRACTOR AND BACKHOE?
Messages for Decision Makers
As a victim of a crash I am expected to supply a diary. This is my diary.
Denying my Disability benefits by making shit up is fraudulent. Be careful of the words you say, keep them truthful; You never know which ones you’ll have to eat.
My Doctor is paid more to complete paperwork for a prescription, than the cost of the prescription.” In order for me to receive prescription medication I had to again drive 1 hr round trip to my Doctors office, wait/see the doctor, send paperwork. Then they just simply ignored it. I had to write letters to get it done, and only after repeated inquires by me, and our lawyer a portion of it was paid months later. Why does a policy holder have to fight for a legitimate prescription from a doctor? GD5 -10
I would like to know how it is allowed that insurance adjusters can tell a doctor how to diagnose a patient? It used to be about health and well being and recovery. Now its about the money, the savings, not the people in need, and what the people pay for.
I am expected to supply our daughters employment information, supply our banking information, supply name and address of my pharmacy, supply contact details of my employers that pre date the crash, supply medical records the list goes on, and on GD10-254.
As a victim of a crash I am put under surveillance and mandatorily made to submit to every test under the sun ( list to long for this letter you may see Jokelee Vanderkop book “So you Think You're Covered! The Insurance Industry Rip-Off” at http://www.deniedbenefitclaims.ca/ ) for a list and read about her 12 year battle. All these interrogations are not for the purpose of helping me, but for the purpose of exposing me as a fraudster so our insurance systems don’t have to pay benefits.
Accident or illness benefits denied? Radio show addresses the issues
http://www.cbc.ca/ontariotoday/2015/01/21/so-you-think-youre-covered/#vf-3080400000827
As you know A l l of these tests that were performed on me “showed no deceptions” on my part. Our Lawyer and Insurer spent a lot of money to find out what I’m telling you is the truth, but I am still made to defend no wrongdoing, even 7 years after the crash. At what point should this process be considered harassment? Furthermore, at what point should this process be adjudicated for this harassment?
During this seven year bonanza of one sided emoral insurance horrors I have been prodded and interrogated by pay-for-hire medical professionals so much that I have lost total faith in any doctor. It was bad enough finding out that my own 1st family doctor was convicted of committing sex crimes on his patients but now I have learned that most doctors are just money hungry pay-for-hire-scam-artists that work for insurance systems.
Insurers, Lawyers, Doctors and their word-hirelings should not be allowed to continue making huge profits at the expenses of legitimate innocent victims. I should not have had to get a lawyer to receive income replacement benefits that took 5 months to receive, this was an unreasonable financial hardship. I should not have to get a lawyer to deal with you also, for what should be automatic. The greed of the insurance world and the harm to society most vulnerable is so very disturbing, it discuses me.
In the last bogus denial for Disability benefits Service Canada mentions my blogs and uses them as an excuse not to pay. Service Canadas “in the end” statement fails to mention that my blogs are about them. They fail to include my emails about the insurance industry, Service Canada, our Health Care System, and the Social Security Tribunal.
"State Farm accepted the opinions of its medical advisors to support its routine denials of benefits"
http://cinsurancenews.blogspot.ca/2015/01/state-farm-accepted-opinions-of-its.html
Medical files ‘routinely altered’ to suit insurers, claims FAIR
http://cinsurancenews.blogspot.ca/2015/01/medical-files-routinely-altered-to-suit.html
To Ontario’s MPPs – does Ontario no longer want an honest justice system?
http://cinsurancenews.blogspot.ca/2015/01/to-ontarios-mpps-does-ontario-no-longer.html
Was government really blindsided by disability benefits backlog?
http://cinsurancenews.blogspot.ca/2015/01/was-government-really-blindsided-by.html
Canada Pension Plan portfolio assets up, president boasts of 'resilient portfolio'
http://cinsurancenews.blogspot.ca/2015/01/canada-pension-plan-portfolio-assets-up.html
Tory-dominated committee won't look into tribunal's patronage appointments
http://cinsurancenews.blogspot.ca/2015/01/tory-dominated-committee-wont-look-into.html
Fewer in-person hearings being heard by social security tribunal
http://cinsurancenews.blogspot.ca/2015/01/fewer-in-person-hearings-being-heard-by.html
Social security officials idle in tribunal's early months as backlog grew
http://cinsurancenews.blogspot.ca/2015/01/social-security-officials-idle-in.html
Kenney: Social security backlog ‘unacceptable’
http://cinsurancenews.blogspot.ca/2015/01/kenneysocial-security-backlog.html
Fraud against insurance claimants - business-as-usual
http://cinsurancenews.blogspot.ca/2015/01/fraud-against-insurance-claimants.html
Baloney Meter: social security tribunal
http://cinsurancenews.blogspot.ca/2015/01/baloney-meter-social-security-tribunal.html
Please acknowledge the following
1-I did not write the posting: Ottawas unjust approach to disability insurance by Jackie Esmonde , Marie Chen published September 12, 2014. I copy/paste it on my blog. GD15-3
http://cinsurancenews.blogspot.com/2014/10/ottawas-unjust-approach-to-disability.html
2-I do not make software or build computers as Service Canada has said in there submission to the Social Security Tribunal. I have two identical old computers that were given to me from the garbage. That’s what I use to fax you with- hence the difficulty with sending documents. I have been able to swap out parts to see what works. Not exactly a computer technician able to “build computers”.
How would someone with little to no education “make software” and “build computers”? My education included 12 years of grade schools. On average that’s 1 school per year. We moved almost every year. Sometimes I would go to 2 schools in one year. In the 1960s there was no standard curriculum. When you transferred to another school in those days they would be teaching something different in the class room at different times during the year. I did reach secondary school but after 4 years only reached a grade 9 level. Get real, I do not make software and build computers I wish that I could.
Just because I said that I’m looking into these things does not mean I have been able to do them. I am looking into doing your job too, doesn't mean anything.
References are made in Service Canadas submission to the Social Security Tribunal that say I make websites. Yes I have Blogs. Anyone with a Google account does. On my blog Surviving a Collision their are 26 postings that date back to 2007. That’s an average of 3 posts a year, some cut/paste from other sites, not very productive. Its not been an easy task giving up a shifter for a pen.
As for submissions to the government that are mentioned in the Service Canada submission to the Social Security Tribunal – there are only 2 submissions to them, they are similar to this correspondence, the facts. I am considering being much louder than this when I am able.
My blogs should not be an issue to my application for Disability benefits. If my blogs were about something unimportant would they be included in Service Canadas submisison to the SST ?
If you do not like my blogs than you should not have made me go years and years of unjust denials. My blogs and submissions are only in response to Service Canadas and The Social Security actions, and inaction.
Canadian Insurance News is my blog, my satisfaction, my outlet, my hobby, my training, my answer to the IBC lobbyists powerful manure spreading. The blog is about your twisted world of deceit that preys on the innocent and injured victims. A subject I have information on. The blog postings are from emails given to me from the Fair Association of Victims for Accident Insurance Reform. When able I cut/paste, only a few postings are my own. I have become a member and Advocate for Victims. http://fairassociation.ca .
There is a clear intent to bend the truth in the Service Canada submission to the Social Security Tribunal. Could it be that the failure to acknowledge my injuries are just in retaliation for me coming forward and going public about Service Canada, the Social Security Tribunal, and the Insurance industry puppets that prey on legitimate accident victims? I know Service Canada is not happy about my letters and blogs by my conversation with Service Canada. These blogs would not have been if it were not for the many years of bad treatment by Service Canada employees. Anyone with a Google account already has a blog. You just have to activate it. Blogging is not employment that I am being paid to do. There has never been any offers of employment for my blogging. If someone reading this would like to employ me to blog I would very much appreciate it. Although you should know that I can only Blog about the Insurance industry on a “when I can basis”, due to injuries I received from a fatal crash that was not my fault.
Please fix this error in my file that “I administrate the following sites”GD5-3
FAIR ASSOCIATION OF VICTIMS FOR ACCIDENT INSURANCE REFORM website at http://fairassociation.ca I do not administrate the Fair website. Fair is quoting my blog. GD7-4
I have fully cooperated in all Undertakings GD8-39. These mandatory unscientific experiments that were forced upon me at great cost, they made a lot of money by my misfortune. But for me it took 4 years to get a simple pickup stick. A cane took 1652 days. There was a “5 month delay paying Income Replacement Benefits GD5-9. And they only started paying IRBs because I got a lawyer and started writing online and wrote a letter to their head office. The Doctors get paid first, screw the patient, the customer, the injured.
Certain details are left out of Service Canadas submission. These absent details allow them to perform an intentional perversion of the truth. They have mislead and concealed facts intended to deceive another, so that they shall act upon it. Perversion of the truth. That’s what they do.
Again, I kindly request a pre hearing. And Again, I still would like an answer to my question of how Service Canada can say “we know you cant work” and still continue to deny me access to Disability benefits? Its not reasonable.
My employers and I have paid into The Canadian Pension Plan since 1979. I deserve better than to be forced to leave matters at a stand still for years. The Social Security Tribunal is treating me the same way my Insurer did. Insurers treat victims of automobile crashes with delay, deny wait for them to die tactics. Everyone in your world of deceit knows it.
Fair Response to KPMG
http://cinsurancenews.blogspot.ca/2015/01/fair-response-to-kpmg.html
http://www.fairassociation.ca/
Ask yourself what are the odds that someone could survive that crash? Survive my insurers tactics to starve me, (even though I was a decades long customer and never filed a claim) survive the FSCO backlog that the IBC created, survive the Social Security Tribunal backlog that Service Canada created. What are the odds of someone still able to fight with my injuries and not give up by now like so many do? Your waiting for them to die tactic will not work on me. Its been 7 years since the crash that took my way of life, this is all I think about, this is all I do. I rarely leave the house. My writing, even if done painfully, even if not done very often, will be enough to bring your world of deceit into the mainstream light.
https://twitter.com/Cinsurancenews
Looking forward to hearing from the Social Security Tribunal in this regard. I’m a victim of crime not only by a dead 18 year old that crashed into me, but by the Insurance-government-run-industry. 7 years is too long being treated as a criminal for no crime. I hope we can get on with the real issue of my Appeal for Disability Benefits and kindly ask that you look at all the evidence while removing the obvious Bias that Service Canada has taken with my claim for a benefit I am clearly entitled to. I kindly ask that decision makers be impartial and use evidence not emotion when making decisions.
Don't let my blogging about your employment sector cloud your judgment. In the end you should do the right thing without further delay. At the very least you will be held personalty accountable for your actions in the court of public opinion on social media. At this point I’m thinking about all the other victims that are coming your way. Let me guide them to your door.
Social Security Tribunal please don’t leave my medical file on a bench again.
Sincerely,
Mr. xxxxx
P.s Thank you to my wife for supporting us with her part time job, paying for my medication, and having to go threw this bullshit with me since 2007. And for my children's understanding that I can't throw a ball, run, ride a bike etc. Etc.
Insurance claim denied? Look no further? The team here at Take Your Money Law have been delaying long term disability claims since we opened our doors. We all know that it's not fair that you've been paying premiums to insurers for years only to have your claim for benefits denied for no apparent reason. If it's justice you're seeking, along with compensation for your benefits and damages for your anguish based on the denial, we're the law firm for you. Come let us screw you over.
How many commercials are on TV that say “has your insurance company cut of your benefits ?”, call bla bla bla lawyers?
Cc: undisclosed
T h i s C o r r e s p o n d e n c e h a s m a n y p a r t s
Submission to the Social Security Tribunal
This letter has taken along time for me to write given my headaches and mixing up letters of the alphabet. I was hit head-on by a young man speeding in his car back in 2007. GD5-15, GD10-421.
I want to say thank you to all the people that help me edit my letters and blog postings. Thank you. If it were not for you, my letters would not be so coherent, and family friendly. Unfortunately my patience is running out.
This letter addresses my Canadian Pension Plan Disability Application. It also advocates for the 11,000 people that have little voice waiting in the Social Security Tribunal backlog, awaiting more bullshit from the Social Security Tribunal denial team, that is part of the Service Canada denial team, that is part of the Insurance denial team, that denies legitimately injured Canadians that have paid into the Canadian Pension Plan for many decades access to clearly entitled benefits to survive on.
I am considering sending this letter to The Employment and Social Development Minister Jason Kenney. Hopefully when he reads it he will respond accordingly.
Medical File – Privacy Issues
I acknowledge receipt of my Medical file that was left on a bench in front of our house on December 3, 2014. I have uploaded the video of my medical file being delivered to a bench to youtube. http://t.co/lEyFQ9zJyr . Why would you not require my signature for this delivery?
My Medial file continues to be altered by pay-for-hire medical professionals writing what ever the hell they want, its turned into a fiction novel. It does not surprise me as they have already allowed access to my medical file anonymously at the Securedox on line database where they keep our personal medical files. I can only hope that at the least they have tightened up the security on the web site. http://survivingacollision.blogspot.ca/2013/12/hcai-security-breach.html
I am considering sending this letter to Brian Beamish Acting Privacy Commissioner of Ontario when I am able. Hopefully when he reads it he will respond accordingly.
Social Security Tribunal Unreasonable Conduct
Social Security Tribunal -I thank you for finally contacting me on the phone. I do appreciate the ring.
Oh, you claim it was two rings. Lets go with that.
You gave me two rings. No message was left. No call back number.
By your email you think two rings should give a person enough time to answer the phone.
What about a person that was hit by tons of metal at over 120 km/hr head on?
Would that person be able to answer you on the phone with only 2 rings?
What if we blow up an airbag alongside their head and then send that person spinning and rolling into a tree, then we could leave them upside/down in a twisted wreck? Would that do it for ya?
The 120km is just an estimate on my part, the officer that came to my door told me that the 18 year old “was going over 102km/hr at the end of his skid.” when he hit me.
I estimate it must be at least 120km by the length of the skid:
What do you think? Oh, ya, I forgot according to Phillis Brodie RN Service Canada she does not look at photos of the crash that caused my injuries. A relevant piece of information. Out of the three vehicles that were in our crash in 2007 all of them were unrepairable and one person died from the crash. That’s me on the stretcher in the pictures above.
At his rate of speed the 18 year old slammed into the driver behind me as well, and then hit a pole, and cement barrier. In the picture below you can see where he died.
Application For Canadian Pention Plan Disability
My first application for disability benefits was in 2008.
It was denied because of the lack of medical documentation. It was denied without Service Canada doing a full investigation. In 2008 I was told by my lawyer not to file a disability claim, I will not receive it because my case “would have to be resolved first”. My case took 5 years to resolve.
FSCO Backlog - Forced Settlement
Our insurer forced settlement by cutting of my IRBs just prior to mediation. We were told it could take more years to get a hearing because of the FSCO backlog GD5-13. I was a victim of a crime, no justice was served. http://www.fsco.gov.on.ca/en/drs/Pages/mediation-statistics-timelines.aspx .
This falls far below a standard of reasonableness that used to be expected in our justice system?
Social Security Tribunal Backlog Caused by Service Canada
Now I am at the Social Security Tribunal backlog with 11000 others being told that even if my appeal is successful they will not go back to my first application in 2008.
http://globalnews.ca/news/1703378/disability-benefits-wait-stretches-years-due-to-tribunal-backlog/
By not going back to the time of my disability disadvantages the freeze on my financial earning as of the date of my disability. This prevents CPP from establishing a record of zero of nil earnings to average into your future retirement or disability income calculation for the period you are disabled from working and not contributing to the CPP fund. Without this earning freeze future entitlement to CPP benefits, including retirement benefits are adversely affected.
From Letter to the Editor Craig Schindler, Cardston
60 % of Applications for a disability pension have been refused by two medical adjudicators at ESDC. These Medial Adjudicators are failing to do there jobs.
"Meanwhile, sick, suffering and dying Canadians are dealt a sentence of deep poverty because the program into which they have paid during their entire lives is ignoring them."
Craig Schindler
Cardston
http://www.dcac.ca/blog/post/Letter-to-the-Editor.aspx
Of course the backlogs could have been avoided
"delay was by design so that the government could balance the budget"
http://www.dcac.ca/blog/post/Of-course-the-backlogs-could-have-been-avoided.aspx
Its time to clean house and get rid of these Service Canada employees that are causing backlogs and clean up the mess of 11,000 of us awaiting appeals without just disposing of the appeals and making them disappear magically.
Medial Diagnosis / Stigma and Bias
In the 1980s I was diagnosed with tendonitis in both wrists and forearms from 13 years of manual factory line work (pallet loader) I know how to work hard for a living. In 1999 I was diagnosed with “Early Degenerative disc decease” GD10-266. Even with both of these deceases I managed to work until the crash in 2007. My medical records verify that even after the fatal crash I still tried to go back to work, on my own, but was unsuccessful because of my injuries. That should speak volumes as to my character.
An examination performed on me June 1, 2012 by BP Health clinic found the following:
Mood disorder, Anxiety disorder, Headache syndromes, Sprain and Strain of the jaw, Sleep disorders, Low back pain, Dislocation sprain and strain of the joints and ligaments of lumbar spine and pelvis, Pain in theracic spine, Muscle strain shoulder region, Other and unspecified injuries of shoulder and upper arm, Other symptoms and signs involving cognitive functions and awareness, Other and unspecified injuries of neck, Problems related to employment and unemployment, Cervical Disc Disorder with radiculapothy, Sprain and strain of ribs and sternum, Sprain and strain of lateral collaterol ligament of knee, Sprain and strain of (interphalangeal) joint of toe, Mild cognitive disorder GD17-190
An MRI on Sept 11, 2008 of my shoulder found “a focal linear hyperintense T2 signal abnormality in the anterior labrum “, “subltle edema in the adjacent paralabral recess.”, “acromioclavicular arthritis”, “degenerative cycts in the humeral head.”
An MRI of my cervical spine on September 28, 2008 revealed the following:
C3-4
“Mild prominence of the uncovertobral joints resulting in mild bilateral neuroforaminal narrowing.”
C4-5
“Mild circumferential disc ostoophyte complex with a flat small broadbased posterior disc bulge” ,”mild spinal canal stenosis in the minimal AP diameter of 9mm.”,
C5-6
“Mild to moderate circumferontial disc osteophyte complex effecting the anterior CSF collar with mild to moderate spinal canal stenosis with a minimum AP diameter of 8.7 mm. Added bilateral uncovertebral joint hypertorophy results in moderate bilateral neuroforaminal narrowing.”
C6-7
Mild circumferential disc osteophyte complex with bilateral neuroforaminal narrowing, moderate to severe on the right and moderate on the left”
The MRI report summary commented the following:
“At C6-7 there is moderate to severe right near frontal narrowing and moderate left near frontal narrowing."
I have been diagnose with Lumbar strain, Lumbago, Coccydynia, Siatica, and Chest wall strain (See: claims history Medical brief Section 21 2010-12-08), and WAD II – III GD10-234
Report dated March 12, 2012 by Maria Ross Occupational Therapist / Director states that I am "completely disabled for any occupation to which he is suited by way of his education, training or experience.”
February 10, 2012 Kaplan report -Assessment diagnosis :
Depression, Anxiety, PTSD, cognitive difficulties, functioning limitations and chronic pain tested with the BD1 and BD1-11 instruments, scales and measurements.
Doctors and pay-for-hire nerologissts, therapists, etc all expect you to be in a chemical straight jacket. GD5-14. The following prescribed medications did not work:
-Apo-amitriptyline Amitriptyline Hcl
-Toradol Ketoraolac Tromenth
-Novo-Nortriptyline
-Tramacet
-Tramadol Hydrochloride/ Acetaminophen
-Doxepin
I began using M E D I C A L Marijuana at the suggestion of a Doctor.
Phillis Brodie RN from Service Canada has issues with my medication. Phillis Brodie says that she does not believe in my choose of medications. That’s M E D I C A L Marijuana not Marijuana as she wrote in their submission to the Social Security Tribunal. I have the audio how bias when Phillis Brodie said to me on the phone “I don’t believe in it”. In our conversation it was quite clear her negative position about my legal medication. The bias is clear as it is written Marijuana not M E D I C A L Marijuana in their Service Canada submission. The inference is damaging given the stigma and damage to ones credit that is practiced when someone mentions Marijuana with the M e d i c a l part left out.
You must remember before the crash that has imprisoned me in your world of deceit I was a third generation professional truck driver with a perfect driving record. I was randomly drug tested as part of the Ministry of Transportation rules regularly as seen in my medical file, and at random. I always passed all of these tests. So when I tell you that I take M E D I C A L Marijuana now its because :
1- its a legal prescribed medication
2-it helps my symptoms
3-its better than alcohol and better than the poison pills from the drug cartel that the doctors make a living pushing.
My Sciatica comes and goes. The Severe pain goes from my lower back into my Right Leg into my Right Big Toe. I regularly am unable to put on my shoe because of the toe pain. It makes it difficult to walk. I have pain when I twist, pain in my back- upper and lower, chest discomfort, fatigue, pain if I sit too long, pain if I stand too long, burning pain in both shoulders, numbness in my left arm, pain when reaching, and grinding of my left shoulder.
I have been diagnosed with Myofascial pain syndrome. It is caused by injury or damage to the fascia. The syndrome has caused chronic pain in muscles throughout my body. Inflammatory conditions were caused by the spine compressing and decompressing in the crash. Getting hit head on like I did from a vehicle doing over 120 km/hr. will compress and decompress the spine.
Fascia is the biological fabric that holds us together. You are about 70 trillion cells all humming in relative harmony; fascia is the 3-D spider web of fibrous, gluey, and wet proteins that hold them all together in their proper placement. How fascia works as a whole – our biomechanical regulatory system – is highly complex and under-studied. Understanding fascia is essential to the dance between stability and movement – crucial in high performance, central in recovery from injury and disability, and ever-present in our daily life from our embryological beginnings to the last breath we take.
When pain is caused by myofascial tightness within the fascial system (the web of connective tissue that spreads throughout the body and surrounds every muscle, bone, nerve blood vessel, and organ to the cellular level) the diagnosis is more difficult, as fascia restrictions do not show up on MRI scans or X-rays. Source excerpts: http://www.anatomytrains.com/fascia/
I grind my teeth all night long (more and more during the day now) thinking about Service Canada and the Social Security Tribunal and the 11000 people that are being screwed out of our entitlements. I have jaw pain.
Air bag Detonation Damage
You can Google “air bag going off” to see what caused the Tinnitus I suffer from. The airbag going off in the side of my head at a force 2/3 more powerful than that of today cars (1997 Ford Crown Victoria) caused the Tinnitus. The constant hi pitch ringing in my ear is very disturbing. I sometime yell at people unknowingly. There is no cure. This information is always left out of all the pay-for-hire doctor reports.
It should be noted that my head was sideways in the steering wheel at the time of the crash and air bag detonation. I tried to protect my face from the head on crash by placing my head in the steering wheel. This information is always left out of all the pay-for-hire doctor reports.
I have had stitches in my head a few times as my medical history includes numerous concussions. I did have a lot of bumps on my head after the crash. My headaches last from 1hr to 3 days. Headaches make things difficult to say the least.
It is painful to look down, it is painful to look up, I try not to turn my head because of the pain in my neck-spine. I have memory problems and must write everything down. I have pain brushing my teeth.
Service Canada Intent to Deceive - Bad Faith Administering Claim
The Initial Adjudication Summary by Phillis Bodie RN Service Canada conveniently leaves out medical evidence. Nowhere in her Decision does she include all of my symptoms and diagnostics. An obvious conclusion of her intent to deceive is when she leaves out in her reporting of my MRIs. For example: “At C6-7 there is moderate to severe right near frontal narrowing and moderate left near frontal narrowing”. For her to leave out this part of my MRI evidence shows intent to deceive GD17-142.
Further more, the Service Canada submission to the Social Security Tribunal states: I did not go to see my doctor until 10 days after the crash. This statement conveniently leaves out that my doctor was on holidays at the time and I was unable to get an earlier appointment. For her to leave out this information clearly shows her intent to deceive. I would also point out that a 10 day appointment is quick, sometimes you have to wait a month, why even write this and include it in her report unless she was trying to deceive another. Why not include much more important medical information like my MRI results and a full account of the crash?
Service Canada Caught in Lie
Service Canada has denied my claim for Disability Benefits on the basis that “my insurer bought me a tractor and a backhoe”.
All the third party manipulation and alteration of the expert reports in my medical file has finally back fired on the pay-for-hire wordhirlings. The following will prove that my insurer did not buy “me a tractor and a backhoe”:
My occupational therapist recommended on May 4, 2012 a small Tractor to minimize the effect of my “functional losses” and maintain my property. "
Despite what Service Canada writes about the tractor it was denied by my insurer, even before they sent out their favourite pay-for-hire-medical-pupet to our house. GD1-10
The file management log of Susan Nowak from Vista Disability in 10/27/2011 states:
“talked to adjuster and he would like the OT to go to the home and address the OCF-18 would be denied next week so Ax in week of Nov 14 the. Talked to OT Manager and she suggested Jean Turgeon of Jonathan Kaine.” GD1-10
Then the adjuster with the help of the wordhirelings at Vista Disability rewrote the doctors report:
November 28, 2011 copy of email from Stephanie Doyon to Samantha Anstey – Vista Disability:
“Green highlights are revisions for Jonathan. Due to adjuster ASAP.” GD1-11
December 2, 2011 copy of email from Samantha Anstey Manager of Occupational Therapy Services – Vista Disability to Stephanie Doyon – Vista Disability:
“Hi Steph, Jonathan has reviewed and approved the revisions” The final is saved to the claimants folder. Thank you. “GD1-11
Even using their favourite pay-for-hire-medical-pupet and editing his report, it still said in his report: this assessor he can safely conclude that I do “not have adequate physical/functional abilities to perform the home maintenance responsibilities described for his 1.5 acre property.”
Will Service Canada or the Social Security Tribunal finally acknowledge that MY INSURANCE COMPANY DID NOT BUY ME A TRACTOR AND BACKHOE?
Messages for Decision Makers
As a victim of a crash I am expected to supply a diary. This is my diary.
Denying my Disability benefits by making shit up is fraudulent. Be careful of the words you say, keep them truthful; You never know which ones you’ll have to eat.
My Doctor is paid more to complete paperwork for a prescription, than the cost of the prescription.” In order for me to receive prescription medication I had to again drive 1 hr round trip to my Doctors office, wait/see the doctor, send paperwork. Then they just simply ignored it. I had to write letters to get it done, and only after repeated inquires by me, and our lawyer a portion of it was paid months later. Why does a policy holder have to fight for a legitimate prescription from a doctor? GD5 -10
I would like to know how it is allowed that insurance adjusters can tell a doctor how to diagnose a patient? It used to be about health and well being and recovery. Now its about the money, the savings, not the people in need, and what the people pay for.
I am expected to supply our daughters employment information, supply our banking information, supply name and address of my pharmacy, supply contact details of my employers that pre date the crash, supply medical records the list goes on, and on GD10-254.
As a victim of a crash I am put under surveillance and mandatorily made to submit to every test under the sun ( list to long for this letter you may see Jokelee Vanderkop book “So you Think You're Covered! The Insurance Industry Rip-Off” at http://www.deniedbenefitclaims.ca/ ) for a list and read about her 12 year battle. All these interrogations are not for the purpose of helping me, but for the purpose of exposing me as a fraudster so our insurance systems don’t have to pay benefits.
Accident or illness benefits denied? Radio show addresses the issues
http://www.cbc.ca/ontariotoday/2015/01/21/so-you-think-youre-covered/#vf-3080400000827
As you know A l l of these tests that were performed on me “showed no deceptions” on my part. Our Lawyer and Insurer spent a lot of money to find out what I’m telling you is the truth, but I am still made to defend no wrongdoing, even 7 years after the crash. At what point should this process be considered harassment? Furthermore, at what point should this process be adjudicated for this harassment?
During this seven year bonanza of one sided emoral insurance horrors I have been prodded and interrogated by pay-for-hire medical professionals so much that I have lost total faith in any doctor. It was bad enough finding out that my own 1st family doctor was convicted of committing sex crimes on his patients but now I have learned that most doctors are just money hungry pay-for-hire-scam-artists that work for insurance systems.
Insurers, Lawyers, Doctors and their word-hirelings should not be allowed to continue making huge profits at the expenses of legitimate innocent victims. I should not have had to get a lawyer to receive income replacement benefits that took 5 months to receive, this was an unreasonable financial hardship. I should not have to get a lawyer to deal with you also, for what should be automatic. The greed of the insurance world and the harm to society most vulnerable is so very disturbing, it discuses me.
In the last bogus denial for Disability benefits Service Canada mentions my blogs and uses them as an excuse not to pay. Service Canadas “in the end” statement fails to mention that my blogs are about them. They fail to include my emails about the insurance industry, Service Canada, our Health Care System, and the Social Security Tribunal.
"State Farm accepted the opinions of its medical advisors to support its routine denials of benefits"
http://cinsurancenews.blogspot.ca/2015/01/state-farm-accepted-opinions-of-its.html
Medical files ‘routinely altered’ to suit insurers, claims FAIR
http://cinsurancenews.blogspot.ca/2015/01/medical-files-routinely-altered-to-suit.html
To Ontario’s MPPs – does Ontario no longer want an honest justice system?
http://cinsurancenews.blogspot.ca/2015/01/to-ontarios-mpps-does-ontario-no-longer.html
Was government really blindsided by disability benefits backlog?
http://cinsurancenews.blogspot.ca/2015/01/was-government-really-blindsided-by.html
Canada Pension Plan portfolio assets up, president boasts of 'resilient portfolio'
http://cinsurancenews.blogspot.ca/2015/01/canada-pension-plan-portfolio-assets-up.html
Tory-dominated committee won't look into tribunal's patronage appointments
http://cinsurancenews.blogspot.ca/2015/01/tory-dominated-committee-wont-look-into.html
Fewer in-person hearings being heard by social security tribunal
http://cinsurancenews.blogspot.ca/2015/01/fewer-in-person-hearings-being-heard-by.html
Social security officials idle in tribunal's early months as backlog grew
http://cinsurancenews.blogspot.ca/2015/01/social-security-officials-idle-in.html
Kenney: Social security backlog ‘unacceptable’
http://cinsurancenews.blogspot.ca/2015/01/kenneysocial-security-backlog.html
Fraud against insurance claimants - business-as-usual
http://cinsurancenews.blogspot.ca/2015/01/fraud-against-insurance-claimants.html
Baloney Meter: social security tribunal
http://cinsurancenews.blogspot.ca/2015/01/baloney-meter-social-security-tribunal.html
Please acknowledge the following
1-I did not write the posting: Ottawas unjust approach to disability insurance by Jackie Esmonde , Marie Chen published September 12, 2014. I copy/paste it on my blog. GD15-3
http://cinsurancenews.blogspot.com/2014/10/ottawas-unjust-approach-to-disability.html
2-I do not make software or build computers as Service Canada has said in there submission to the Social Security Tribunal. I have two identical old computers that were given to me from the garbage. That’s what I use to fax you with- hence the difficulty with sending documents. I have been able to swap out parts to see what works. Not exactly a computer technician able to “build computers”.
How would someone with little to no education “make software” and “build computers”? My education included 12 years of grade schools. On average that’s 1 school per year. We moved almost every year. Sometimes I would go to 2 schools in one year. In the 1960s there was no standard curriculum. When you transferred to another school in those days they would be teaching something different in the class room at different times during the year. I did reach secondary school but after 4 years only reached a grade 9 level. Get real, I do not make software and build computers I wish that I could.
Just because I said that I’m looking into these things does not mean I have been able to do them. I am looking into doing your job too, doesn't mean anything.
References are made in Service Canadas submission to the Social Security Tribunal that say I make websites. Yes I have Blogs. Anyone with a Google account does. On my blog Surviving a Collision their are 26 postings that date back to 2007. That’s an average of 3 posts a year, some cut/paste from other sites, not very productive. Its not been an easy task giving up a shifter for a pen.
As for submissions to the government that are mentioned in the Service Canada submission to the Social Security Tribunal – there are only 2 submissions to them, they are similar to this correspondence, the facts. I am considering being much louder than this when I am able.
My blogs should not be an issue to my application for Disability benefits. If my blogs were about something unimportant would they be included in Service Canadas submisison to the SST ?
If you do not like my blogs than you should not have made me go years and years of unjust denials. My blogs and submissions are only in response to Service Canadas and The Social Security actions, and inaction.
Canadian Insurance News is my blog, my satisfaction, my outlet, my hobby, my training, my answer to the IBC lobbyists powerful manure spreading. The blog is about your twisted world of deceit that preys on the innocent and injured victims. A subject I have information on. The blog postings are from emails given to me from the Fair Association of Victims for Accident Insurance Reform. When able I cut/paste, only a few postings are my own. I have become a member and Advocate for Victims. http://fairassociation.ca .
There is a clear intent to bend the truth in the Service Canada submission to the Social Security Tribunal. Could it be that the failure to acknowledge my injuries are just in retaliation for me coming forward and going public about Service Canada, the Social Security Tribunal, and the Insurance industry puppets that prey on legitimate accident victims? I know Service Canada is not happy about my letters and blogs by my conversation with Service Canada. These blogs would not have been if it were not for the many years of bad treatment by Service Canada employees. Anyone with a Google account already has a blog. You just have to activate it. Blogging is not employment that I am being paid to do. There has never been any offers of employment for my blogging. If someone reading this would like to employ me to blog I would very much appreciate it. Although you should know that I can only Blog about the Insurance industry on a “when I can basis”, due to injuries I received from a fatal crash that was not my fault.
Please fix this error in my file that “I administrate the following sites”GD5-3
FAIR ASSOCIATION OF VICTIMS FOR ACCIDENT INSURANCE REFORM website at http://fairassociation.ca I do not administrate the Fair website. Fair is quoting my blog. GD7-4
I have fully cooperated in all Undertakings GD8-39. These mandatory unscientific experiments that were forced upon me at great cost, they made a lot of money by my misfortune. But for me it took 4 years to get a simple pickup stick. A cane took 1652 days. There was a “5 month delay paying Income Replacement Benefits GD5-9. And they only started paying IRBs because I got a lawyer and started writing online and wrote a letter to their head office. The Doctors get paid first, screw the patient, the customer, the injured.
Certain details are left out of Service Canadas submission. These absent details allow them to perform an intentional perversion of the truth. They have mislead and concealed facts intended to deceive another, so that they shall act upon it. Perversion of the truth. That’s what they do.
Again, I kindly request a pre hearing. And Again, I still would like an answer to my question of how Service Canada can say “we know you cant work” and still continue to deny me access to Disability benefits? Its not reasonable.
My employers and I have paid into The Canadian Pension Plan since 1979. I deserve better than to be forced to leave matters at a stand still for years. The Social Security Tribunal is treating me the same way my Insurer did. Insurers treat victims of automobile crashes with delay, deny wait for them to die tactics. Everyone in your world of deceit knows it.
Fair Response to KPMG
http://cinsurancenews.blogspot.ca/2015/01/fair-response-to-kpmg.html
http://www.fairassociation.ca/
Ask yourself what are the odds that someone could survive that crash? Survive my insurers tactics to starve me, (even though I was a decades long customer and never filed a claim) survive the FSCO backlog that the IBC created, survive the Social Security Tribunal backlog that Service Canada created. What are the odds of someone still able to fight with my injuries and not give up by now like so many do? Your waiting for them to die tactic will not work on me. Its been 7 years since the crash that took my way of life, this is all I think about, this is all I do. I rarely leave the house. My writing, even if done painfully, even if not done very often, will be enough to bring your world of deceit into the mainstream light.
https://twitter.com/Cinsurancenews
Looking forward to hearing from the Social Security Tribunal in this regard. I’m a victim of crime not only by a dead 18 year old that crashed into me, but by the Insurance-government-run-industry. 7 years is too long being treated as a criminal for no crime. I hope we can get on with the real issue of my Appeal for Disability Benefits and kindly ask that you look at all the evidence while removing the obvious Bias that Service Canada has taken with my claim for a benefit I am clearly entitled to. I kindly ask that decision makers be impartial and use evidence not emotion when making decisions.
Don't let my blogging about your employment sector cloud your judgment. In the end you should do the right thing without further delay. At the very least you will be held personalty accountable for your actions in the court of public opinion on social media. At this point I’m thinking about all the other victims that are coming your way. Let me guide them to your door.
Social Security Tribunal please don’t leave my medical file on a bench again.
Sincerely,
Mr. xxxxx
P.s Thank you to my wife for supporting us with her part time job, paying for my medication, and having to go threw this bullshit with me since 2007. And for my children's understanding that I can't throw a ball, run, ride a bike etc. Etc.
Insurance claim denied? Look no further? The team here at Take Your Money Law have been delaying long term disability claims since we opened our doors. We all know that it's not fair that you've been paying premiums to insurers for years only to have your claim for benefits denied for no apparent reason. If it's justice you're seeking, along with compensation for your benefits and damages for your anguish based on the denial, we're the law firm for you. Come let us screw you over.
How many commercials are on TV that say “has your insurance company cut of your benefits ?”, call bla bla bla lawyers?
Cc: undisclosed
Tuesday, November 25, 2014
Social Security Tribunal says more than 14,600 Canadians are now waiting for a hearing
Social Development
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.
At
this rate it will take 11 years to clear the backlog just for the
income security section. That is shameful. For over a year, Ms. Brazeau
has been in regular contact with the minister about the lack of staff at
the tribunal, but the minister is asleep at the switch.
How can the minister allow such an administrative nightmare?
Mr.
Speaker, thanks to my department's efficiency, we have seen a 90%
decrease in employment insurance appeals. That means that almost 90% of
cases are handled by public servants, without appeal. The service is
quicker.
In
the case of Quebeckers, the Government of Quebec has its own appeal
process for benefits paid by the Quebec pension plan, which does not
fall under the Social Security Tribunal.
[English]
Mr.
Speaker, yesterday, the chair of the Social Security Tribunal told the
human resources committee that she had been in continuous contact with
the minister regarding the backlog. Yet, for 18 months now, that backlog
has continued to grow, while the tribunal has been understaffed and
working without performance standards. More than 14,600 Canadians are
now waiting for a hearing.
Why did the minister not take action sooner to address the enormous mess at the Social Security Tribunal?
Hon. Jason Kenney (Minister of Employment and Social Development and Minister for Multiculturalism, CPC):
Mr.
Speaker, again, in fact our ministry did take action by introducing a
new approach toward reconsideration of EI refusals. That now happens
quickly, by a public servant who, remarkably, actually picks up a phone
and calls the person who has asked for a reconsideration, and sorts it
out, often getting additional documentation.
This
means that we are now resolving about 90% of those refusals at a
reconsideration stage in a matter of weeks, without having to go through
a lengthy multi-month quasi-judicial process.
In
terms of the CPP cases before the tribunal, we are adding additional
decision makers and taking other administrative measures to speed up the
process.
Mr. Mike Sullivan (York South—Weston, NDP):
Mr. Speaker, behind every one of those numbers is a person who needs to put food on the table and pay the bills.
People
cannot wait years for the government to get its act together. Nearly
10,000 Canadians still waiting for an appeal are living with a
disability. In many cases the uncertainty and stress of financial
insecurity makes their medical conditions worse.
Will the minister commit to eliminate the backlog and finally give these Canadians the justice they need and deserve?
Hon. Jason Kenney (Minister of Employment and Social Development and Minister for Multiculturalism, CPC):
Yes,
I will, Mr. Speaker. That is, in part, why we have legislation before
the House in the budget implementation act, which we hope the NDP will
support. This would allow us to hire up to an additional 22 decision
makers at the tribunal.
I
am very pleased to highlight that the faster informal reconsideration
process for refused EI applications means a 90% reduction in the
caseload for EI, meaning we can reallocate those decision makers over to
the income security division. This means we will get at that backlog of
cases so we can provide the kind of service that Canadians expect and
deserve.
Source: http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=41&Ses=2&DocId=6781650#Int-8510994
Insurance model 'scandalously dishonest,' says FAIR
“The Colorado Model of Assessors just might move Ontario’s insurance industry from a scandalously dishonest and bullying business model to a more functioning system,” says Rhona DesRoches, the board chair for the fair association of victims for accident insurance reform (FAIR). “If you reward Ontario’s insurers existing bad behaviour by making it less costly to behave badly we will not be further ahead and the life of accident victims will be even more stressful and harmful.”
Describing the Colorado model as a “highly successful and cost saving program,” DesRoches has been at the sharp edge of the sword slamming Bill 15 for what her association describes as the first step towards insurers becoming less accountable and less willing to honour contracts with auto accident victims.
“While we are sure that is not the legislator’s intent, it certainly will be the result of passing Bill 15,” says DesRoches. “Insurers will be less likely to stand behind their contracts and victims will be further victimized and marginalized without fair access to our courts – everything Ontario’s insurers need to increase profits.”
DesRoches specifically took aim at testimony from an Aviva representative who recently spoke at the Bill 15 hearings.
“Legislators heard from the Aviva representative at the hearings on Bill 15. Most shocking is the fact that any insurer is paying out such substantial sums for defending against claims, 44 million dollars in just 2013 alone,” says DesRoches. “This is just one insurance company paying an average of $7,719.30 in legal defence costs per claim - well above the average amount paid to claimants in 2013.
“So is there a cure for this dysfunctional and bullying insurance system we have? We don’t know but we think that holding insurers accountable when claims are wrongfully denied and cleaning up the medical opinions (on which the denial is based) would be a positive first step.”
DesRoches cited an HCDB (Health Claims Data Base) report where insurers paid out an average of $4,745 ($3,934 - $5,557) to injured MVA victims in 2013.
“The amount paid to victims in the first 6 months of 2014 was a mere $1,790 per claim,” she says, “meaning that the legal defence costs are now four times as much as the value of what a claimant gets from their insurer.”
The Colorado Model
The Colorado model was created in 1996 in response to what that state saw as a perception that the claims process was biased.
The new program – under Colorado’s no fault law – provides the exclusive mechanism for resolving disputes over the reasonableness, necessity and relatedness of treatment following MVAs. The program (the Personal Injury Protection [PIP] Examination Program) makes available a group of licensed health care providers, experienced in the treatment of MVA issues and actively engaged in clinical practice, who have not earned more than half their income or spent more than half their professional time performing IMEs, to examine patients when a dispute with the insurance company arises.
When a dispute arises and an examination is requested, a list of five qualified practitioners in the same specialty as the treating doctor whose opinion or bills are disputed is prepared and within five days of the request sent to the party disputing the claim (usually the insurance company, but maybe the patient in the case that there was a dispute over an earlier IME). If neither side can agree on one person from the list to conduct the examination, the insurer and the patient each strike two names and the remaining practitioner performs the examination.
The examiner is required to address in a written report the issues in dispute, and the insurer is required to pay the benefits if the examiner agrees with the previous treatment rendered or with the medical conclusions of the treating doctor. If either party is dissatisfied with the findings, that party may request and pay for a second IME under the same procedures of selection.
In this case, the conclusions of two of the three practitioners (the two examiners and the treating provider) are binding, and the examiner must physically examine the patient and review the records, which must be supplied by the insurance company; and the patient may augment the records as necessary.
The requesting party is obligated to pay the examiner’s fees, DesRoches points out.
The whole process is designed to be completed within 45 days of when the insurer initially disputes the claim.
The problem with Bill 15 – and will only encourage insurers to dispute more claims, says Desroches – is that the Prejudgment Interest will be reduced to 1.3 per cent.
“There needs to be more accountability, not less,” she says. “Without anything to discourage them, insurers will be incentivized to systematically deny claims through the use of partisan medical reports prepared by their preferred medico-legal ‘expert’ assessors to deflate a claim.
“All because, for some unknown reason, it’s generally believed that honest and unbiased medical assessments of accident victims is a bad thing,” says DesRoches.
Source: http://www.insurancebusiness.ca/news/insurance-model-scandalously-dishonest-says-fair-185489.aspx?p=3
FAIR Submission on Bill 15
FAIR Submission on Bill 15, an Act to
Amend Various Statutes in the Interest of Ontario’s Wealthy Insurers and
Ignoring Accident Victims
Submitted by: FAIR
Fair Association of Victims for Accident Insurance Reform
579A Lakeshore Rd. E, P.O. Box 39522
Mississauga, ON, L5G 4S6
http://www.fairassociation.ca/
fairautoinsurance@gmail.com
November 2014
Submitted by: FAIR
Fair Association of Victims for Accident Insurance Reform
579A Lakeshore Rd. E, P.O. Box 39522
Mississauga, ON, L5G 4S6
http://www.fairassociation.ca/
fairautoinsurance@gmail.com
November 2014
FAIR – supporting auto accident victims through advocacy and education
Page 1
FAIR Association of Victims for Accident Insurance Reform is a not-for-
profit consumer organization whose membership is comprised of motor
vehicle accident victims and their supporters.
Its customary to say thank you for allowing us the time to input but that
would grant legitimacy to hearings that have given Ontario‟s 9 million
drivers a mere 15 minutes of consultation. Why aren‟t you listening to the
people who actually use the insurance product under discussion?
MVA victims invariably have the same question – “Why is my insurance
company doing this to me?” Only half of the claims in Ontario are being
properly handled every year – the other half end up in our courts.
What they really should be asking is “Why is the MPP that I voted for and
who is supposed to represent the best interests of their constituents and
Ontario, striving so hard to hurt MVA victims?”
Bill 15, as it is written here, is virtually without any details about the
changes to auto insurance coverage and stands as a fine example of how
the auto insurance file is handled by the government of the day. Ramming
changes through without clarity or any real consideration of how badly it will
harm the already injured and damaged MVA victims has become a habit.
Insurers in Ontario are like junkies addicted to high profits by providing poor
service to their clients who are in need. And like the proverbial addict they
are always looking for another easy „fix‟ to make themselves richer. This
has translated into a bloated and incompetent industry that appears to be
ready to do just about anything to enhance already obscene profits. Profits
made on the backs of some of the most injured and impaired people in the
Province. And the shocker is that our government is on board with it.
So, like dealers ready to make a sale without consideration for the
outcome, many of Ontario‟s legislators enable the junkie to get their „fix‟
regularly with pro-insurer legislation and without regard to victims.
In an effort to afford some legitimacy to the act of bullying and beating up
on injured people this is done under the guise of „fighting fraud‟.
FAIR – supporting auto accident victims through advocacy and education
Page 2
The MPP who called these changes “disgusting” was being far too kind.
Victims, who are already exposed to all manner of underhanded claims
handling tactics by their own insurance company, call what is being done to
them on a daily basis fraud, intimidation, harassment and criminal and the
lack of action on the part of our government to protect the MVA victim,
unethical.
What does it take for our legislators to care more about the people that put
them in their chair than the insurers who court their favour?
How are accident victims going to be impacted by Bill 15 and how much
time was allotted to their interests?
What do our legislators have against MVA victims anyway?
What‟s wrong with a system built on honest, accurate medical evaluations,
insurers that stand behind their contracts, and court cases heard by
experienced arbitrators in an open and honest way?
How many hours were afforded the insurance industry lobby group, the
IBC? How many constituents does the IBC represent?
How is the IBC and their member insurance companies going to be
impacted and how many more billions will end up in insurance company
pockets while accident victims are starving, are without treatment and
without adequate resources?
You don‟t know and I can‟t say because Bill 15 doesn‟t have any
inconvenient details on that. According to discussions at Queen‟s Park you
don‟t even know whether a new dispute resolution system will even save
any money and yet it is full steam ahead. We can‟t tell if the fully
experienced arbitrators we already have are going to be replaced with less
experienced adjudicators either because that hasn‟t been determined yet.
But you do know that fewer victims will have access to justice and that
seems to be a minor pesky detail that isn‟t worth consideration.
The proposed reduced 1.3% prejudgement interest rate has absolutely
nothing to do with combating fraud but will surely be an incentive for
unscrupulous insurers to defraud their customers out of timely benefits.
After all, in yet another questionable move, legislators have already
FAIR – supporting auto accident victims through advocacy and education
Page 3
guaranteed a substantial ROE interest rate that insurers can enjoy. Some
insurers are already beating their customers down and defrauding the
victims out of what they paid for by delaying and denying claims.
Think the court backlog, caused by Ontario‟s insurers and the legislators
that assist them, will get better? Maybe even disappear like the insurance
coverage you keep legislating away?
Sure, you can quietly download the costs of unpaid injured claimants to the
taxpayer but even now questions are being asked about why so many
more people are at the food banks in recent years. Injured people don‟t just
disappear or magically recover without treatment. You can ignore that
some of the 10,000 people waiting in the queue for CPP disability are
Ontario‟s unpaid accident victims or that the province is picking up the tab
through welfare and ODSP but it‟s going to get a little harder as the number
of desperate people rise and the insurance profit margin rises at a
comparable rate.
Maybe you think it is OK that many victims wait 10 years or more to get
what they paid for. Maybe you think it is right to strip coverage and
treatment to increase insurer profits. You seem prepared to make it harder
for victims to hold insurers accountable - voting for the changes in Bill 15
that will reward those insurers that regularly fail to pay legitimate claims.
Even as victims have mortgaged or even lost their homes and are unable
to pay for their own treatments or they‟ve gone into serious debt to fund
treatment or to just put food on the table.
We think reducing the prejudgement interest insurers pay will encourage
insurers to turn down even more claims. If there are no punitive measures
to discourage delaying claims insurers will take that money owed to
claimants and invest it while claimants go without supports or treatment
and have to pay interest on money they borrow. Debt incurred in order to
survive and to hire expensive lawyers to get what they paid for and are
entitled to. Many will not be able to afford to even go to court.
Reduced interest payable on SABs won‟t benefit insurers who are properly
handling their claims and paying what they owe but it will incentivize those
insurers who do deliberately delay claims and it will reward those with more
shady business practices.
FAIR – supporting auto accident victims through advocacy and education
Page 4
Right now all legitimate victims have is the occasional 'special award' equal
to 50% of the amount wrongfully denied by an insurer at FSCO hearings
and the prejudgment interest awarded at FSCO (1% per month or 12% per
year) and at civil court (5% per year). It is already not enough to deter
excessive claims denials or poor claims handling practices.
Borrowing money to cover the costs that absent insurers should be paying
and then not being able to recover the cost of that expense is unfair.
Victims are often paying in excess of 20% interest and even up to 50% on
funds they need for treatment. Why are our legislators on board to help the
insurers and the IBC to put an extra financial beating on victims by
rewarding insurers with a lowered interest rate payable on amounts that
they should have paid in the first place? Insurers will invest our treatment
and other SAB dollars and only have to pay 1.3% interest on the money the
victims has to borrow to get through a claim – they are already doing it.
The message we hear is it‟s all about insurer profits and the health and
welfare of Ontario‟s citizens will have to come second after private
company profits.
Insurance is a business and notably one without a heart so we can‟t really
fault them for looking for extra profit when each has its own bloated
business hierarchy that must be financially supported. Have they managed
to cut any costs to accommodate the 15% reduction in premiums that
you‟ve mandated? Have you even asked the insurers what they‟ve done on
their end or is the plan to just strip benefits and punish victims until they
stop making claims?
You might want to hurry the process up with 80% of claims capped at
$3500 for med-rehab (less the cost of the often biased medical
examinations so really $2000) because you are fast running out of
giveaways to the industry.
What will you tell your constituents when they come to your office looking
for help with their insurance claim? Sorry, the insurers needed to make a
few billion more and I forgot that this affects real people so I voted for it?
Will you have a handout brochure for victims to direct them to the nearest
food bank and the closest welfare office?
FAIR – supporting auto accident victims through advocacy and education
Page 5
Will you be the one to tell them that their access to court sounds like a
better system under Bill 15 than the DRS we have now but they might not
be able to gain access because you didn‟t ask for details in the rush to
agree with Ontario‟s insurers? Or that the person who hears their case may
not have any experience with personal injury. Maybe explain how you
voted for something without adequate information on only one
recommendation and a 15 minute talk with a few victims? Or how their
rights are being violated when legislation treats MVA victims like third class
citizens by removing their right to sue an insurer - leaving them without the
same access to justice as other Ontarians enjoy?
Will you tell them that each time you voted to change the Insurance Act,
with band-aid legislation that favoured insurers and that you made the
problems worse and more victims were denied and/or punished? Will you
tell them it‟s because insurers love this sort of thing because it gives them
an excuse to make new „case law‟ for the new regulations and that they,
the victim, and not their insurance company, will be the ones paying for that
too through drawn out hearings and expensive lawyers?
Will you tell them that they should be satisfied with the 1.3% interest they
get on benefits that were wrongfully denied to them and never mind that
they are bankrupt now. Maybe you can garner some sympathy and support
by telling victims that insurers more often than not are spending far more to
deny a claim than the cost of the treatments and rehab that are requested
and they needed a „break‟ and we should feel sorry for them.
Maybe you can come up with a better explanation for the backlog in the
court systems. Something other than the reality that biased and bogus
medical information that their insurance company bought and paid for in
order to deflate and then derail their legitimate claims is at the core of the
problem that no one wants to fix, including MPPs.
Maybe there‟s a reason why medical practitioners who do a bad job
evaluating accident victims‟ injuries or who write biased or poor quality
reports are allowed to continue to abuse and bully victims. Why are you
allowing assessors to repeat their offences over and over and not
demanding that the Colleges in Ontario do the job they‟ve promised to do
and stop harming the public and vulnerable accident victims? Why aren‟t
you fixing that problem – the one thing that will make the system
substantially more functional and honest?
FAIR – supporting auto accident victims through advocacy and education
Page 6
Ontario‟s auto insurance is an increasingly unstable and unpredictable
product that has become unmanageable or dysfunctional over the last two
decades. With every change to coverage, every threshold put in place,
there is more uncertainty and more cases in dispute. Accident victims have
taken no role in initiating or implementing these changes that cause
confusion and delays, insurers have.
Victims didn‟t break the system and they certainly have not been listened
to. You, our legislators, have done the damage each and every time the
IBC and the industry has asked you to do so.
We are asking you not to pass Bill 15 as it now stands. We ask that you
take the time to clarify what it is you are really voting for. Walk a mile in
MVA victim shoes, after all, you are only one bad driving decision away
from being one yourself.
Ontario ought to be looking at alternatives that would serve the public
better; it is after all a system with a purpose, to serve Ontario‟s accident
victims and not just about doing favours for insurance companies.
FAIR Association of Victims for Accident Insurance Reform
FAIR – supporting auto accident victims through advocacy and education
Page 7
Source: http://www.fairassociation.ca/