To Lichen and
Francine and anyone else interested in various rulings available
on-line,
Here is a partial
list of web sites on rulings and articles compiled over a number
of months, that may be helpful to you. The most crucial is the
Villani decision (see "C" below) which as you likely already
know, basically says it isn't enough to be deemed
"employable", there must be employment for which you are
suitably skilled, have the capacity to perform, etc., etc., IN THE
REAL WORLD.
I've included some
which were successful and some which weren't, so you can interpret for
yourselves, what worked and what didn't. My circumstances are
fibro/chronic myofascial and all the related health obstacles, so
although they may not be directly applicable to your situation, this
info will acquaint you with web-sites I found very useful, the format
of these documents and, overall education.
Hope this
helps.
Denise
The first two are
search engines and just by playing around with queries, you'll likely
find all kinds of info. For example, in one instance I tried
"fibromaylgia case law" and received 55 hits. The key is to
play around with single and/or multiple word combinations 'cause
slight variations will bring up different results.
ACCESS TO FEDERAL COURT OF CANADA DECISIONS
Canadian Legal
Information Institute
Jurist
Canada
A) CPP DI
related:
- Canada Pension
Plan Disability Benefits, by the MS Society of British Columbia,
2001; everything you want and need to know about filing for CPP
DI
PovNet - CPP DI info
- really good!
- Burley vs.
Human Resources Development Canada (HRDC) CPP DI case
- Bayda Ludwar
disability law (yes, it does eventually promote the firm's services,
but the article is very informative)
http://www.disabilitylaw.ca/Documents/cpp.htm
B) Insurance
Company related:
McIsaac vs. Sun Life
of Canada:
K. Sharon
Baillie vs. Crown Life of Canada
C) Court
Cases:
**Villani vs. Canada
decision:
Murphy v. Maddison
(both CPP DI & insurance co. case)
Koresi vs. HRDC -
CPP DI case
Forbes vs. Canada -
CPP DI case
Lutzer vs. Canada -
CPP DI- appealed that she had not proved that she had a severe
disability on December 31, 1994, the date when she last met the
contributory requirements, and thereafter.
Nicholas v.
Dohm
Wirachowsky
vs.Canada
Turner v.
Church
Murchison v.
Johnston
A Workers' Comp
case
Articles,
etc.
Fibromyalgia and the
Law; Journal of Rheumatology legal article:
From Co-cure
web-site - The Chronic Fatigue Syndrome: Qualification for
Disability Benefits;
Donald Schopflocher,
Ph.D. (Psychology); M.E. / C.F.S. Society of Edmonton:
Fibromyalgia and
the Disability Dilemma:
A new era in understanding a complex multidimensional pain
syndrome
Rosenfeld and Rafik
law firm (American article that could be adapted to Canadian
Perspective)
Tactics and
Strategies in Handling the Chronic Pain and Fibromyalgia Law Suit from
the Plaintiff's Perspective; R. Bogoroch, Bogoroch and
Associates
Fibromyalgia Case
Study with Info on the Westat Protocol (might be helpful in negating
validity of certain insurance company required
evaluations)
Tips for getting a
proper diagnosis of an autoimmune disease; American Autoimmune Related
Diseases Assoc.
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