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.
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."
Of course the backlogs could have been avoided
"delay was by design so that the government could balance the budget"
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:
“Mild prominence of the uncovertobral joints resulting in mild bilateral neuroforaminal narrowing.”
“Mild circumferential disc ostoophyte complex with a flat small broadbased posterior disc bulge” ,”mild spinal canal stenosis in the minimal AP diameter of 9mm.”,
“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.”
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
-Tramadol Hydrochloride/ Acetaminophen
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
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"
Medical files ‘routinely altered’ to suit insurers, claims FAIR
To Ontario’s MPPs – does Ontario no longer want an honest justice system?
Was government really blindsided by disability benefits backlog?
Canada Pension Plan portfolio assets up, president boasts of 'resilient portfolio'
Tory-dominated committee won't look into tribunal's patronage appointments
Fewer in-person hearings being heard by social security tribunal
Social security officials idle in tribunal's early months as backlog grew
Kenney: Social security backlog ‘unacceptable’
Fraud against insurance claimants - business-as-usual
Baloney Meter: social security tribunal
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
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
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.
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.
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.
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