How unfair is this?

Ottawa - 14 September 2010

Here is a situation that just came to my attention. It’s an indicator of all the things that are wrong with the “system” and shows how the “system” just steam rolls over those in the way and ignores those that are trying to make a difference.

An aging Veteran in his mid 90’s applies for a Disability Award. Almost six months later a favourable decision is made, but the Veteran dies two weeks before the decision is rendered. In the meantime, while the family is dealing with the Veteran’s death, they receive the Disability Award cheque in the mail. Shortly after, the executor of the estate receives a letter that the monies have to be returned to Veterans Affairs Canada (VAC) because the Veteran has to be alive when the decision is made in order to receive a Disability Award. This office is contacted by the executor of the estate to see if it could help resolve the problem. The Office asks to meet with VAC and is told that VAC is seeking some additional guidance and would get back to it. In the meantime, the “system” approaches the bank directly, follows normal collection practices, and demands its money back. The bank returns the money in question from the beneficiary’s personal account. VAC finally informs our Office that they have solved the issue and, therefore, there was no longer a requirement to talk.

If VAC communicated and reached out to Veterans better, Veterans would apply for benefits before they are in their mid-90s. If VAC didn’t have such ridiculously long turnaround times (24 weeks for a first application that is straight forward) the above-described Veteran would have received his benefit before he died! If VAC provided better case management, they would have tried to expedite the process for someone who is in their mid 90’s. And, despite VAC’s mandate to collect the “overpayment”, if VAC had any empathy for the family they should have sought a compassionate resolution to this issue. VAC should have worked with the Office of the Veterans Ombudsman if it was struggling to find a solution. All it did was use the long arm of government to rip away what truly belonged to the Veteran and his family.

Why is there no recognition that the Veteran, in his 90’s, did his part of the application process the right way? Why are he and his family penalized because he dies before VAC’s cumbersome adjudication process is completed? In this case, the result of VAC’s inability to process applications and issue cheques in a timely fashion is that he and his family are denied what was his and his family’s in the first place. Yet VAC doesn’t have any timing problems collecting so-called “overpayments”. It’s incredible how efficient and effective VAC is in that regard in comparison to its inefficient track record on processing applications and delivering benefits.

This aging Veteran should have had the comfort of knowing that he would be able to leave a small amount of money to his family when he died. He earned it through his service to country. Why did they take it back? What is their legal basis for creating an overpayment in the first place? The opinion of this Office is that there is no legal requirement for the Veteran to be alive on the date of decision.

You wonder why I am frustrated and speaking out? This is just one more instance of the often irrational bullheadedness with which I have to deal with on a daily basis. And, this is why I continue to fight for Veterans and their families and why you need to become involved. The “system” has to change and with your help, it can be changed!

P@ (Pat)