A Thunder Bay military veteran is appealing a decision by Service Canada’s Employment Insurance Commission.
In the decision, handed down on October 1, 2020 the Commission declined to write off a disputed debt between Amanda Moddejonge and Employment Insurance.
This outcome came after a decision by the Canada Employment Insurances Commissions’ Social Security Tribunal on September 22nd which that ruled Moddejonge received money she wasn’t entitled to through EI benefits while receiving an Earnings Loss Benefit payments from Veterans Affairs.
The Commission decided that the Earnings Loss Benefit Moddejonge received from Veterans Affairs Canada was earnings, therefore she owed $5,390.78 which was later reduced to $3,433.30.
Moddejonge argued against making the re-payments to Employment Insurance because Veterans Affairs Canada already deducted these benefits from her Earnings Loss Benefit payments.
Moddejonge adds this means that paying it back would result in her receiving less than she should from Veterans Affairs Canada and it’s now too late to recoup that money.
“I’m trying to explain to one section of the government that another section of the government has their money. It’s not like I’m trying to withhold money, this is money that Veterans Affairs has taken off of my benefit already,” says Moddejonge. “If I go into an overpayment with EI it puts me into an underpayment with Veterans Affairs, so I thought this should be really simple and just have VAC pay EI. I signed every authorization so every government department could get their fingers into all of my files and see everything that’s going on.”
Background
Amanda Moddejonge was hurt in 1998 while conducting a training exercise at the Land Force Central Area Training Centre in Meaford.
The injuries she suffered, which were declared permanent, included degenerative disc disease and a lower lumbar strain.
Twenty years after the accident Moddejonge began a journey on a new career path, taking advantage of the Vocational Rehabilitation Program.
While in that program she was given advice from her Veterans Affairs worker.
“[I was told to] apply for EI, to not declare any income that I was going to get from Veterans Affairs because that money was not declarable to them and they were a secondary payer.”
Shortly after that application Employment Insurance calls Moddejonge to clarify her application, in which she emphasizes the advice she received from Veterans Affairs. That phone call led to an investigation by Employment Insurance of more than a year, while members of the department tried to figure out what benefits she was entitled to through them.
“This has been the most chaotic situation I’ve ever experienced and I’ve been fighting this situation ever since,” stresses Moddejonge.
The Reconsideration Decision
Acadia Broadcasting did reach out to both Veterans Affairs Canada and the Social Security Tribunal of Canada. We did receive a statement from Lisa Williams with the Tribunal. The media and communications representative maintains the tribunal doesn’t comment on specific case, but she did address the decision-making process:
“We have two levels of decision-making at the Tribunal: the General Division and the Appeal Division. If you disagree with the Employment Commission or Employment and Services Development Canada (ESDC) reconsideration decision, you must first appeal to our General Division. To decide an appeal, our members look at the facts and the law. At the General Division, that means they read the documents you send us, as well as the ones we receive from the Commission or ESDC. They also listen to what you and any witnesses have to say. Then they look at the law and the facts to decide whether you are entitled to benefits. If you disagree with our General Division decision, you may then appeal to our Appeal Division. The Appeal Division will first decide whether to give you permission to appeal. If the answer is yes, then the Appeal Division will consider your appeal. At the Appeal Division, they review the General Division decision. They decide whether the General Division made certain types of errors.”
“With respect to the role of the courts, if you disagree with the Appeal Division decision, you can go to the courts—the Federal Court or Federal Court of Appeal. These courts are the next step after the Appeal Division. They can decide whether our decision is reasonable.”
“Additional information is available on our website regarding the Employment Insurance appeal process at the General Division and at the Appeal Division.”