The Government of Canada provides multiple government income support and assistance programs to individuals who suffer from a disability and are unable to work. Samfiru Tumarkin LLP created the FAQ below to answer common questions about these programs, and how to access them.

DOWNLOAD THE PDF

BACK TO FAQS

Canada Pension Plan Disability benefits

Eligibility

To be eligible for Canada Pension Plan (CPP) Disability Benefits, you must fall into one of two categories:

  1. Under 65 years old and not receiving the CPP retirement pension.
  2. Between 60-65 years old and either receiving the CPP retirement pension for more than 15 months or became disabled after starting to receive the retirement pension.

There is also a “late applicant provision” for individuals who have been unable to work for several years but have not yet accessed CPP disability benefits. To request this provision, contact Service Canada.

Basic Requirements

To qualify for CPP Disability Benefits, you must meet the following criteria:

  • Have been an active contributor to the CPP for at least 4 of the 6 years prior to your application.
  • If you have been an active CPP contributor for 25 or more years, the requirement is 3 out of the previous 6 years.
  • Possess a mental or physical disability that regularly prevents you from doing any type of substantially gainful work.
  • Have a disability that is long-term and of indefinite duration or is likely to result in death.

Assistance Provided

The basic benefit amount is $583.32 plus the amount you have contributed to the CPP while working. The maximum payment for CPP disability is $1,606.78. When you reach 65, your CPP disability benefit automatically converts to the CPP retirement pension.

Dependent children who are under age 18 or between ages 18-25 and enrolled in recognized post-secondary education may also receive a benefit of $294.12.


WATCH: Disability lawyer and partner Sivan Tumarkin answers 5 common questions about LTD and CPPD on Season 3 Episode 21 of the Disability Law Show.


How to Apply

Call 1-800-277-9914 for assistance completing the form.

Resources:

Disability Tax Credit

The Disability Tax Credit (DTC) is a non-refundable tax credit designed to help individuals with disabilities or their supporting persons reduce the amount of income tax they may have to pay. This guide provides an overview of the eligibility criteria, the assistance provided, and the application process.

Eligibility

To be eligible for the DTC, an individual must meet one of the following criteria:

  • Is blind.
  • Is markedly restricted in at least one of the basic activities of daily living (e.g., walking or speaking). “Markedly” means it takes three times the average time needed to complete the activity compared to a person of the same age who does not have an impairment.
  • Is significantly restricted in two or more of the basic activities of daily living.
  • Needs life-sustaining therapy. The impairment must be prolonged (lasting or expected to last for at least 12 months) and present at least 90% of the time. If an individual was eligible for the DTC in previous years but did not claim it on their tax returns, they can request a reassessment from the Canada Revenue Agency (CRA).

Assistance Provided

The DTC provides a non-refundable tax credit of up to $8,870.00, which can help reduce the amount of income tax owed.

How to Apply

  1. Obtain a Disability Tax Credit Certificate by applying for the credit.
  2. Complete and submit Form T2201, which can be found here. A medical practitioner must fill out the form to certify that the applicant has a severe and prolonged impairment and describe the effects of the impairment.
  3. Submit the form online through CRA My Account or mail it to a tax centre.
  4. The CRA will assess the application and send a notice of determination regarding its decision.
  5. Note that the DTC can be applied for at any time of the year.

Resources

Employment Insurance Sickness Benefits

Eligibility

To qualify for Employment Insurance (EI) Sickness Benefits, applicants must meet the following requirements:

  • Obtain a medical certificate indicating an inability to work due to medical reasons.
  • Demonstrate a decrease in regular weekly earnings from work by more than 40% for at least one week.
  • Accumulate 600 insured hours (equivalent to 30 hours per week for 20 weeks) in the 52 weeks prior to the start of the claim or since the start of their last claim.
  • Applicants who have received EI benefits in the past 52 weeks may not be eligible for sickness benefits unless they have accumulated 600 hours since their last claim.
  • Remain available for work, if not for the medical condition.

Note: Regular Employment Insurance benefits may also be applicable but require applicants to be ready, willing, and capable of working each day.

Assistance Provided

  • Eligible applicants can receive up to 26 weeks of sickness benefits.
  • Benefits are calculated at 55% of the applicant’s average insurable earnings, up to a maximum of $595 per week.

How to Apply 

Applicants will need:

  • Record of Employment
  • Medical certificate (unless temporarily exempt)
  • Personal information (e.g., Social Insurance Number)
  • Banking information
  • Employer information

Applications can be completed online and typically take about 1 hour to complete. Once the application is submitted, the applicant will receive a benefit statement and an access code in the mail for use with the My Service Canada Account service.

Resources

Questions? Concerns? Contact Us!

If you are experiencing an issue anywhere in Canada (excluding Quebec) with your long-term disability claim, your employer or the insurance company, we’re here to help. Call our team at 1-855-821-5900, email Help@DisabilityRights.ca, or contact us online for a FREE consultation.

You can also post your specific question about your long-term disability claim online for a quick answer by a disability lawyer at Samfiru Tumarkin LLP, at MyDisabilityQuestions.com.

As Canada’s most positively reviewed disability law firm, we have the experience, tenacity and determination required to provide you with the advice you need, and the compensation you deserve.

Disability Claim Denied or Cut Off?

Talk to an experienced disability lawyer at Samfiru Tumarkin LLP to discover your rights, and get the compensation you are owed.

Free Consultation

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now