The lawyer representing a group of disabled veterans who claim they are being denied benefits because of a flawed and unfair process is one step closer to finding out whether the case can be certified as a class-action lawsuit.
The veterans say they were shut out of disability payments because of a technicality — that they didn’t apply for disability benefits within 120 days of being released from the armed forces.
“These folks were left out because they were never approved for benefits, and simply the reason they weren’t approved for benefits is because they didn’t apply,” Daniel Wallace, the lawyer representing the veterans, said.
“The reason they didn’t apply is because they were told they weren’t going to get anything, so it’s a really catch-22.”
Stephane Hebert drove from his New Brunswick home to Halifax to be in court. He has been fighting his own government for years to get compensation.
“That’s the thing a lot of us are going through,” he said. “Even with our tours. You’re getting put in no man’s land. You come back and you’re still in no man’s land, fighting, 10, 15 years later.”
“It’s hard. Takes a toll on me, my family.”
Hebert was in the armed forces for 21 years, serving much of that time in the airborne regiment, something that left him walking with a cane.
“I had a lot of mental illness. I was PTSD, angry, so all these benefits were denied to me. On my release date, I just didn’t bother with anything.”
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Wallace was one of the lawyers who successfully won an $887-million lawsuit for thousands of veterans who had their long-term disability benefits reduced by the federal government in 2013.
Dennis Manuge was the lead plaintiff on that lawsuit. He said he has come into contact with many veterans who were given the wrong information from government.
“You know, over the course of my case and my years of advocacy, I encountered a number of people given just bad information or bad advice. However you want to take it. You know, you’re not going to get it, so why apply?” he said.
Manuge is keeping a close eye on the current court case happening and sending support to his fellow veterans.
“It is another David versus Goliath,” he said.
“Never say never. One person or one small group of people can make a huge impact. I’m just really proud of them for doing what they’re doing.”
Despite the Liberals taking power at the federal level, Wallace said officials aren’t making things easy when it comes to settling outstanding lawsuits with disabled veterans.
“The Liberals were very supportive of the Manuge case when they were in opposition and we certainly appreciated that support,” he said.
“They have not been supportive, since they’ve been in power, of this very similar case.”
Lawyers for the Department of National Defence had no comment on the case.
The judge presiding over the potential class-action lawsuit has reserved his decision and will rule on whether or not to certify it in the coming months.
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