How to Appeal if Your CPP Disability Claim was Denied

Updated Thursday July 20th, 2023
Gosai Law

An accident can impact your life in a variety of ways; for many individuals, returning to work will no longer be an option due to the nature of their injuries. In this situation, the Canada Pension Plan Disability benefits (CPPD) is a viable option.

Unfortunately, the reality is that many applications for CPPD will often be denied.

A denial can feel incredibly disheartening, and leave you questioning your next steps. Today, we’re going to discuss the specifics surrounding CPPD, and what to do after you’ve been denied.

What is CPP Disability?

First of all, what is CPP? The Canada Pension Plan (CPP) retirement pension is a monthly, taxable benefit that essentially replaces your income after you retire.

Individuals with disabilities have the opportunity to submit an application for CPP (Canada Pension Plan) prior to reaching the age of 65. You must undergo a comprehensive medical evaluation in order to meet the necessary criteria to be eligible for receiving the benefits.

The monthly payment is available to you if you meet the necessary requirements. As stated on the Government of Canada’s website, the benefit is available to those:

In order to qualify for the benefit, an individual must meet each of the above requirements.

In order to apply for the benefit, you’ll need to fill out the applications via Service Canada. This should be done on your own as soon as possible – you don’t need a lawyer in order to fill out the application.

Mental and Physical Disabilities That Impede Your Ability To Work

As mentioned above, an individual can qualify for CPPD if they suffer from a mental or physical disability that regularly stops them from doing any type of work – in other words, this disability must be serious, indefinite and permanent.

This can include but isn’t limited to: chronic pain, spinal injuries, paralysis, anxiety, and depression – it can also encompass a combination of injuries and/or disabilities.

Why Might You Be Denied CPP Disability Benefits?

Just because an individual meets the necessary requirements for CPP doesn’t mean the benefit will be approved.

The main reason as to why you may be denied CPP disability benefits is that there is a lack of compelling medical evidence to support the application.

When dealing with an injury, it’s crucial to follow-up with your family doctor and other medical specialists as needed, depending on your injuries. If you neglect to do so, you may not have the medical evidence to back up the nature of your issues, which will therefore impede your application.

Establishing a CPP Disability (CPPD) Appeal

Luckily, an initial denial for CPPD isn’t final. After you receive the denial, you have the right to have your CPPD denial reconsidered within 90 days. This first level of appeal is the reconsideration level. If CPPD is denied once again after your reconsideration application, you have the right to appeal to the Social Security Tribunal.

This is where the expertise of a skilled lawyer comes into play.

After you’ve been denied, you should seek the help of a lawyer as soon as possible. With only 90 days to appeal the denial, the clock starts ticking the moment you’ve been denied.

While 90 days seems like a long time, it can fly because of the arrangements that need to be made in order to strengthen your appeal. A lawyer will gather all essential medicals and see if further evidence needs to be requested in order to further your appeal.

Working with a lawyer not only eliminates the stress and guesswork associated with the appeal, it also ensures that your appeal is as strong and accurate as possible.

How Much Compensation Are You Entitled To?

The basic amount you will be entitled to is $510.85. Depending on how much you have worked and therefore contributed to the CPP, you can receive a higher compensation on top of the basic amount.

Levels to Disputing a CPPD Appeal

If your first appeal is denied, you can take additional steps to counter the denial.

You’re entitled to the following processes:

  1. Reconsideration – File with Service Canada
  2. File with Social Security Tribunal – General Division
  3. FIle with Social Security Tribunal – Appeal Division
  4. Ask Court for Judicial Review – File with Federal Court or Federal Court of Appeal

In most cases, you won’t have to take your appeal past the first level, but it’s helpful to mention these additional levels for a big-picture view of the entire process.

Facing a CPPD Denial? We Can Help You

There are a lot of factors involved when it comes to making a strong appeal. With the right support, it doesn’t have to be a daunting process.

If you’ve been denied CPPD, we can help you. With the help of our expert lawyers, we have the knowledge and experience to craft an appeal that gets you the benefits you deserve.

We always offer free consultations – if you’re not sure of your options, get in touch with us here or call us at (905) 595-2225.

We’d love to chat with you.

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