Disability Claims: Handling a Claim

by | Aug 31, 2017 | Disability Claims

Disability Claims: Handling a Claim

The Canadian Pension Plan (CPP) is an earnings-related social insurance program designed to help Canadians receive an income once they reach the age of retirement, or in the case of a disability. If you are submitting a claim for the CPP disability benefit, being organized and knowledgeable can help streamline the process.

What is a Disability?

The CPP defines a disability as an injury or sickness that is both severe and prolonged at the time of the claim. In addition, the disability must prevent you from fulfilling the responsibilities of your job.

According to the CPP, “severe” refers to the intensity of the psychological or physical pain, and “prolonged” refers to being stricken by the injury or sickness for an indefinite amount of time. If the intensity and duration of your pain prevents you from working or finding employment, then you might be eligible for a disability claim.

Eligibility Requirements

In addition to your pain or sickness being deemed severe and prolonged, you must also:

  • Be under the age of 65
  • Must have contributed to the CPP for four of the last six years or three of the last six if you have contributed for a minimum of 25 years.

What do I Need?

A disability claim requires claimants to fill out forms and submit them to the appropriate Service Canada processing centre. Service Canada will only process claims that have all the required paperwork completed. You will also have to prove that a doctor supports your decision to stop working due to a disability.

Denied Claims

The process can be complicated and is designed to weed out fraudulent claims. Your disability claim could be denied for the following reasons:

  • Lack of required documentation
  • A missed deadline
  • Inability to explain your functional limitations

Working with an experienced law firm to prepare your disability claim and supporting documentation in advance of submission, could increase your chances of being approved.

Provide New Information for Appeals

If you want to appeal a denied Canada Pension Plan disability claim you will be required to submit new information. This could mean going back to your original treating physician to have them complete the required supporting documentation. In addition, you may be required to speak with new doctors or specialists who can fully support and verify your disability claims. Disabilities can also worsen, so be sure to provide any new supporting medical documentation if your condition has become more severe, or additional symptoms have developed. 

Be Careful of Conflicting Advice

No slight to Government workers, but it’s not uncommon to receive contradictory, or even completely incorrect information (unintentional). Every case is unique and some of the requirements are open to an adjudicator’s interpretation of your supporting documentation and medical reports. Make absolutely certain that you have all the right information and that you stay organized by keeping a checklist of all the paperwork you are required to submit, and have submitted, as this is going to be required in order to achieve a successful claim.

Be Patient

Patience will have to be exercised when you are waiting for a decision to be made. It can take months to find out if your disability claim has been approved or denied.

Legal Help

If you are suffering from a severe and prolonged disability than there’s a good chance that you’re entitled to Government assistance. The disability claims lawyers at Mackesy Smye can help demystify the CPP disability claims submission, or appeals process, and ensure you are well equipped to get the help you need with as little stress as possible.

Personal Injuries at Provincial Campgrounds

Personal Injuries in Provincial Parks – do you know what to do if you get hurt at a provincially run campground this summer? And what about deadlines? Learn who’s accountable and how quickly you need to consult with a lawyer.

Suing for Whiplash – A Pain in the Neck

Whiplash is perhaps the most common injury associated with auto collisions. But many insurance companies are suspicious of whiplash claims and will do anything to deny payment. Read the full article to learn more.

Personal Injury Claims & Social Media

Don’t Self-Sabotage on Social Media – the defence is looking to discredit you, and you might be giving them everything they need. Use social media responsibly during your trial so that your posts can’t be used against you – read the full article to learn more.

Slips, Trips & Falls – Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Bicycle Accidents and Personal Injuries

Cyclists assume way more risk than drivers. And if the two ever collide, the cyclist’s injuries could be serious and permanent. If you’ve been hurt in an accident involving a car or truck read the full article to learn more.

Loss of Limb – Potential Impacts to Lawsuit

The nature and severity of amputation make it unique among personal injury claims. Make sure you’re taking everything into consideration before submitting your claim – read the full article to learn more.

Dangerous Street Racing & Stunt Driving – Personal Injury Lawsuits

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury and the Canada Revenue Agency

If you win a personal injury lawsuit in Ontario, how much will you lose in taxes? How do you hold onto it and keep it out of the hands of the taxman? Click here to learn about tax-free structured annuities.

Autonomous Driving Accidents & Personal Injury

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury Claims & Accidents Involving Uber or Lyft Drivers

When ridesharing becomes accident-sharing – who’s responsible for injuries when Lyft and Uber drivers are involved in a crash? For simple answers to this complex and complicated question, click here for our comprehensive guide to ridesharing injuries.