Canada Pension Plan Disability Benefits are designed to provide some form of income replacement for workers who have a severe and prolonged disability and who meet the eligibility criteria for the benefits.
Firstly, the person applying must have made the required number of contributions to the Canada Pension Plan within a specified time period. Secondly, the person must be able to show that they have a physical or mental disability that prevents them from working regularly at any job that is substantially gainful and that the disability is long-term and indefinite or likely to result in death. Full details of the scheme and the eligibility criteria can be found at the Government of Canada website here.
Most people who are unsuccessful in their Canada Pension Plan Disability Benefits application are denied entitlement on the basis that their disability is neither severe nor prolonged (or both).
Usually this is on the basis of the medical information and evidence provided with the application. Your family doctor, or sometimes a specialist, will complete a medical report on the form provided by the Government of Canada as part of your application. In most cases, further medical evidence is required.
If your application is denied, you have 90 days in which to file a written appeal. If you do, your original application and file is reviewed along with any additional medical documents or reports you may have submitted. If the decision following this review is also negative, you can appeal that decision to the Social Security Tribunal of Canada. This must also be done within 90 days of the reconsideration decision. Unlike the previous reconsideration, at this stage the appeal will be by way of an oral hearing, at which you will likely be expected to give evidence.
How we can help
Applications for Canada Pension Plan Disability Benefits are considered on the basis of strict legal criteria and take into consideration your own evidence about your capability to work in gainful employment as well as details about your education, experience and work history and relevant medical reports and evidence.
Coordinating all that information properly, and presenting it to the Tribunal effectively, is a difficult task.
We have represented clients on many appeals of Canada Pension Plan Disability applications before the Social Security Tribunal. We understand the law in this area and what medical and other evidence may be required to successfully argue for benefits. We know how to present your case at the Tribunal hearing and help you prepare to give your evidence and tell your story to the Tribunal.
Don’t miss out on benefits that you may be entitled to, contact us today!