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How do I decide who I should help?

by Allison Schmidt 18 January 2012 12:25

I am often ask what makes me decide to get involved and case manage a CPP appeal.

I get a lot of calls from people and some of them do not qualify - it is usually not due to a medical condition per se - but more so because they are hooked on technicalities - like MQP issues.

So when I get a file what do I look at - or how do I decide what makes a "good" case.

Well firstly obviously the medical information is important - trying to make sure all of the medical information is included is a big part of the leg work in case managing a file. But you know often times - the paper work does not tell the full story - so how a person presents is a big part of my decision. Sometimes I can have not so great medical - and a really compelling client whose disability journey will provide far more to the mix than the paper trail. I would like you to keep in mind that the Feds will argue that there must be OBJECTIVE medical evidence - but that is only one part of the totality of the information so keep that in mind. Sometimes I have a really great medical file and a client who is frankly not that likeable. It does have an impact. You do not want to waste your 90 appeal minutes complaining about the WCB or the government or the doctors or whatever your beef is. So keep that in mind. And sometimes, you can have a strong medical file, a candid and forthright client who is 100 percent decent, and you have a crap panel who renders a crap decision.

This happened to me and I am not going to say if it was recent or not.

This particular Panel and I am not going to say where I was for obvious reasons - were awful - and the atmosphere of the hearing was very tense. I have been around the block many many times - and whilst I am unable to predict a decision sometimes - I can certainly tell if someone had a good hearing experience. Well this hearing experience was awful. I am able to help out somewhat to try and change the mood but this time I felt very discouraged.

So what does one do in that situation? Well not much unfortunately. Once the Review Tribunal is over then a decision will be made by the Panel. And it makes my blood boil that good people are at the mercy of these intimidating and dare I say it - bitchy Panel members.

I want to make it clear though - for the most part the Review Tribunal members are very professional it is only once in a while this happens.

I do not know what the decision will be - but if people who do not have someone to help them - and have to go through a difficult hearing - that would be a tough spot for anyone to be in. And what could one do - because it is your word against theirs.

If I complain to the powers that be - then I am in an awkward position because the members are rotated - and I may just so happen to come across a member again - not a good start for another client's appeal.

Any way this particular appeal got me fired up. But I got to get back to work. Until next time.

 

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