Canada Pension Plan Disability (Ultimate Guide)

If you are disabled from working and have contributed to the Canada Pension Plan (CPP), then you may be eligible for Canada Pension Plan Disability (CPPD) benefits.

The CPPD lawyers and specialists at Samfiru Tumarkin LLP have proven experience successfully resolving thousands of disability and insurance claim disputes. If your CPPD benefits are denied, we can provide valuable legal assistance and guidance through a free consultation. Our firm will review your situation, investigate the circumstances surrounding the denial, and help you get the compensation you deserve.

Continue reading below to learn more about CPPD claims and how you can get the help you need if your claim for compensation is denied in Canada.

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What is CPP Disability?

CPPD stands for Canada Pension Plan Disability. It is a federal government financial assistance program. It provides partial income replacement to individuals who suffer from a severe and prolonged disability.

CPPD is not to be confused with the Canada Disability Benefit (CDB), a new benefit that the federal government is currently developing.

What does “severe” mean?

In the context of CPPD, severe means that you had a medical condition which prevents you from working not only your former job, but any job if it pays you more than $18,508.36 per year and even some jobs that pay less.

What does “prolonged” mean?

Prolonged means that your medical condition is of indefinite duration, with no anticipation of improvement to allow you to return to the workforce.

Service Canada generally suggests that you can apply for CPPD after a one-year period. However, if you meet the remaining criteria, you are eligible to apply for benefits after four months of being off work.

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How do I qualify for CPPD?

You qualify for CPPD benefits if you:

• Are under 65
• Have contributed enough to the Canada Pension Plan
• Suffer from a mental or physical disability that stops you from any type of substantial work
• Have a disability that is long-term with an indefinite duration, or is likely to result in your death

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Can you get CPP disability benefits if you never worked?

No. If you haven’t paid into the CPP system through income, you can’t get CPP disability benefits.

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How long do I have to contribute to CPPD to qualify?

You need to have contributed enough to CPP during your employment in order to qualify for CPPD benefits. You must fall within one of the following three categories:

• You have paid into the CPP program for at least four of the last six years
• You have paid into the CPP program for at least 25 years, including three of the last six years
• You have paid into the CPP program in each year since a previous CPPD benefit was cancelled

Note: There are some exceptions to these rules. Contact us today to learn more.

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How do I apply for CPPD benefits?

There are key steps you need to take to apply for CPPD benefits:

1. Talk to your health care providers: Obtain their medical support for your application for CPPD. It will be more difficult to get approved if you do not have medical support.

2. Submit application: You must complete and send your application to Service Canada. This can be done in one of two ways:

• • Online through your My Service Canada account (which will also require you to print out and mail in a consent form, as detailed here
  • Or by mail or by dropping off a completed form at a nearby Service Canada location. You must fill out an application form for either non-terminal illness or terminal illness, depending on your particular situation.

It is extremely important that you read through the questions on the form carefully. Ensure that you fill out all of the questions in as much detail as possible.

You must disclose personal information relating to your health, disability, limitations, daily routines, and more. You should create a narrative and explain why you are unable to work due to your illness or injury. Answer all questions honestly and to the best of your ability.

3. Get the Medical Report: Your primary health care provider needs to complete the appropriate Medical Report (Either a non-terminal illness report or a terminal illness medical attestation) as part of your application.

Make sure your physician completes this in a timely manner. CPPD can’t accept your claim for benefits without medical documentation to support your claim.

Your doctor should answer all questions and provide detailed responses. It is common for applications to be denied due to the lack of medical evidence of severe or prolonged disability. This often happens when the answers lack specific information relating to your health. An example of this would be a blank statement such as “this patient is unable to work at this time due to a medical issue.”

4. Receive a response from Service Canada: It can take up to 120 days (four months) for a decision to be made on your application. If Service Canada requires additional information or documentation to support your claim, they may call you.

In some cases, Service Canada may arrange for you to see another doctor to evaluate your medical condition.

If it has been more than 120 days since submitting your application, and you have not received a response from Service Canada, you should contact us ASAP so we can inform you of your options and next steps.

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What happens if my CPPD claim is approved?

If your claim is approved, congratulations! That is great news!

Service Canada will provide you with written notice that your application has been successful. That written document will also likely provide the breakdown calculation of your CPPD benefit amount and explain any next steps or obligations that you should be aware of.

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Is CPPD taxable?

Yes, CPPD is generally considered taxable income.

To help offset your taxes, you can apply for the federal Disability Tax Credit. You can speak with your accountant for more information on this program.

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How long does CPPD last?

The Canada Pension Plan Disability benefits last for the length of a person’s injury or until they reach age 65 (when they transition into their CPP pension).

See our resource on the expiration of CPPD benefits for more information.

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What happens if my CPPD claim is denied?

Service Canada will likely tell you why your CPPD claim was denied over the phone or with written notice.

If your claimed is denied, we understand just how frustrated and disheartened you are – but know that you’re not alone.

At Samfiru Tumarkin LLP, we are committed to helping you navigate a devastating CPPD denial. Our firm has years of experience resolving these and other disability matters in provinces like Ontario, Alberta and B.C. A free consultation with our team can put you on the path to getting the benefits you are entitled to.

You must contact us as soon as you are denied, as there is usually a 90-day deadline to appeal Service Canada’s decision.

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Can I appeal a CPPD claim denial?

Yes. In most cases, you have 90 days to appeal Service Canada’s decision to deny your claim for CPPD benefits. However, you absolutely should not appeal before speaking to a CPPD lawyer or specialist at Samfiru Tumarkin LLP. There is no cost to talking to our team to better understand your rights.

A free consultation with our team can provide clarity during this confusing time – and a potential solution to secure the compensation you need. We know what information should be included in your application, and how to help your doctors fill out their portions of the application.

At Samfiru Tumarkin LLP, we have been successful at every stage of our involvement, from application to appeal.

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Are CPPD denials common?

Unfortunately, yes. It is estimated that around 60% of all CPPD applications are denied by Service Canada.

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My long-term disability insurer asked me to apply for CPPD. What does that mean for me?

It is very common for long-term disability (LTD) insurers to ask that you apply for CPPD. The main reason they do so is because they are generally entitled to receive a credit for what CPPD pays you.

• Example: If you are earning $2,000 from LTD benefits through the insurance company, and you are approved for $1,000 from CPPD, your insurer will then only pay you $1,000 monthly. The other $1,000 would come from CPPD.

Learn more about the relationship between these two disability benefits in our CPPD and Long-term Disability Benefits FAQ.

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How Samfiru Tumarkin LLP can help

Our skilled team is ready to assist you at various stages of the process, ensuring that our support is available precisely when you need it.

• Application Stage: We can assist you in completing the initial CPPD application. This is done by working with you to obtain records, letters and reports from your doctors in support of your application.
• Reconsideration Stage: If your CPPD claim is denied, we can draft a request for reconsideration for you. This includes coordinating and obtaining further records, letters, and reports from your health care provider to support the application. We will then prepare the reconsideration letter for you.
• Appeal Stage: If your reconsideration request is denied, we will help in the final appeal stage. This includes filing a Notice of Appeal, coordinating and speaking directly with your doctors, compiling written submissions, preparing you for testifying at a hearing and representing you at such hearing.

If your CPPD claim is denied, you need to contact the experienced team at Samfiru Tumarkin LLP immediately at 1-855-821-5900 for a FREE CONSULTATION.

Our firm has helped many people, like Sandra Bullock, Julie Austin, and Florence Steele, resolve their disability disputes. We will review the facts of your situation, tell you if you have a case, and advocate on your behalf.

Get the advice you need, the compensation you deserve.

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Fees for CPPD claims

The fee structure at Samfiru Tumarkin LLP depends on which stage in your CPPD claim you retain us for.

It is important to note that our fees are only payable if we are successful in helping you get CPPD. If we are not successful, you do not need to pay us anything.

• Application Stage Fee: Our fee is $2,500 flat rate, plus tax and disbursements (only if we are successful in getting you CPPD).
• Reconsideration or Appeal Stage Fee: Our fee is 33.33% of any retroactive lump sum payment you receive, and 33.33% of monthly benefits up to 2 years, plus tax and disbursements (only if we are successful in getting you CPPD).