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Continuing difficulties getting a Disability Pension

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I have been sick and unable to work since 1996 and until 1998 was

collecting disability insurance through my employers group plan. My

employer " out sourced " all of the people in my department.

Coincidently, about the same time as the terminations, though my

health problems had not improved, the insurance company terminated my

disability insurance.

I used up my severance money and then, over time, I cashed in my

RRSPs. I thought that whatever was (affecting my health would

eventually ease off; so I did not apply for any type of assistance. I

had hoped that once " this thing " passed I would go out and

get working again. (My wife is the only wage earner and the income

is not as great as the outgo)

I had been diagnosed with Crohns disease in 1982; subsequently, that

diagnosis was changed to ulcerative colitis in 2002.

In 1994 I was hospitalized with cardio problems followed by severe

angina problems.

In 1990 I was diagnosed with Diabetes.

In February 1996 I came down with what I thought was another bout with

Crohns. Along with the chronic diarrhea, I developed a constant

fatigue that was later diagnosed as Chronic Fatigue Syndrome. As time

progressed I developed more symptoms/ health problems.

About 2001 I finally lost my battle with the insurance company but I

still thought that I would " get over " whatever it was that was

affecting my health.

In early 2002, after being diagnosed with " Mito What!?!? "

(Mitochondrial Cytopathy) I finally clued in that " this

thing " was not just going to go away. As symptoms continued to

multiply, I decided that it was time to apply for a Canada Pension

Plan Disability Pension.

After going through the various levels of appeal and being repeatedly

denied a disability pension, I applied, to the court that oversees the

last stage of appeal, for what is called a Leave to Appeal.

We're not wealthy enough to hire a lawyer, but too wealthy (yeah

right!) to get a Legal Aid lawyer. However, I was given a little free

advice by a legal aid lawyer. I was told that I could go ahead and

apply for " leave to appeal " but that only 5% of the applicants are

successful. The lawyer did say, " Go ahead, you have nothing to lose by

trying "

The report by the review board was put together very poorly,

(composition wise) there were glaring errors and quotes attributed to

me that were just not stated by me.

With nothing to lose, I put together my appeal.

It took a looong, looong time to get it all together, because of

fatigue, brain fog days, days when I was just too frustrated to try

and sort through the extremely unprofessional report that was filled

with redundancies, Looking at a screen (computer/TV) often causes my

vision to go blurry, and because of my " hunt and peck " typing skills.

Because my application was not (what I would consider) diplomatic or

politically correct) I thought that I stood the proverbial " snowball's

chance in.., " of being granted leave to appeal.

Last week I received, by courier, the documents that grant me leave to

appeal. This was very surprising to me and my wife was very excited

about it too.

It's great to have been granted Leave to Appeal BUT ...it's still

unnerving to think that I will be up against legal pro's with their

medical experts.

Regards

Ken

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