CPP Benefit Claim Appeals
If your Canada Pension Plan Disability Benefits claim has been denied, you may be grappling with two very stressful questions: Why? And what now? Luckily, there is recourse available to you through the CPP Appeals Board, and legal assistance during this difficult process can prove to be the difference towards getting the benefits you require and deserve.
The first thing to understand is whether you or eligible for CPP disability benefits. In order to apply, you must be under the age of 65, have met the minimum required contribution amounts through your workplace or self-employment taxation, and have a “severe and prolonged” disability. According to the CPP legislation, this is defined by Section 42 in the following way:
- (i) a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable regularly of pursuing any substantially gainful occupation, and
- (ii) a disability is prolonged only if it is determined in prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death.
Therefore, you will be required to provide detailed and thorough medical records and doctor recommendations to the board. Failure to do so would likely end with immediate rejection of your claim, even if you do meet the above criteria.
However, other technicalities can result in rejection as well. Within 90 days of receiving the rejection notice, you are able to apply for reconsideration of your claim, and if the response is still unsatisfactory, you can then go the Office of the Commissioner of Review Tribunals to launch an appeal. If you are still found ineligible for the benefits you deserve, your final recourse is going to the Pension Appeals Board. At every step of the way, you will find that having a skilled and knowledgeable disability claims lawyer on side to take care of documents, deadlines, and the compiling of evidence will be extremely helpful in taking the burden off you and achieving a beneficial result.
A claim denial does not mean it is the end of the road – call Mackesy Smye.