CPP Denied: What to do?
The Canada Pension Plan (CPP) provides disability benefits to people who have made enough contributions to the CPP and who are disabled and cannot work at any job on a regular basis. Benefits may also be available to their dependent children (from http://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit.html)
Every person over the age of 18 who works in Ontario, and makes a minimum amount of $3,500 per year, must contribute to the Canada Pension Plan (CPP). The contribution rate on the pensionable earnings, as of 2016, is 9.9%. This contribution is split equally between you and your employer, or if you are self-employed, then you are required to pay the full contribution.
These yearly contributions are set in place as a social and financial “safety net”. By conventional standards, one begins receiving their CPP retirement pension benefits the month after their 65th birthday. However…
If you have endured a sudden injury or disability, you may be eligible to apply and gain access to CPP benefits.
If you or a loved one:
- Have a severe or prolonged disability
- Under the age of 65; and
- Meet the requirements (http://www.canada.ca/en/services/benefits/publicpensions/cpp/contributions.html)
CPP contribution requirements
If you meet the CPP contribution requirements, then you are eligible to apply for CPP disability benefits; monthly payments to those who are not able to work regularly because of a disability, and furthermore, a monthly benefit for any dependent children (under the age of 18, or between age 18-25 and attend school full time) of someone eligible to receive CPP disability benefit.
Social and financial security
Alleviating stress is important in a time of recovery. While the (http://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit.html) application process is lengthy, it is important that you approach it in a timely manner
Once a CPP disability benefit application has been submitted, it takes approximately four months for a decision to be made. Upon receipt of an application, a member of their staff will call the applicant to go over the review process, if there is further information needed, and to answer any questions you may have.
If you are determined to be eligible under the terms of the Canada Pension Plan (CPP) legislation, then you will begin receiving your disability benefits ‘upon the fourth month after the month you are determined to be disabled’.
Unfortunately, many applications are denied upon the first review – do not give up even though you’ve been denied CPP.
Common Factors for Denial
Most people are denied CPP benefits due to these common factors:
- Applicants miss appeal deadlines. Typically, you are given 90 days to appeal a CPP disability decision.
- Applicants have not provided enough documentation (such as medical evidence) to give €œ solid grounds” for approval.
- Creditability of the application and it’s claim are questioned.
TSF lawyers understands that applying through a federal framework, dealing with multiple levels of review, etc. can be an overwhelming process; but it is the federal process put in place at this time.We are here to help; you still have full grounds to appeal and gain CPP disability benefits.
The General Division has(http://www1.canada.ca/en/sst/hta/cppgendiv.html) three levels of appeals to a Canadian Pension Plan decision. One must first request a reconsideration, which can take 90 days for review. If you are still denied CPP disability benefits after reconsideration, the next level of appeal is to contact the Social Security Tribunal, followed by the Tribunal’s Appeal Division.
It is important to appeal any denied claim and obtain professional legal support as soon as possible to ensure that your application is kept active. These appeals can be long and difficult processes that require a thorough application filing and strict deadlines.This is why TSF Law have made sure that our legal team has a full comprehension of all three levels of appeal, the framework of CPP disability adjudicators, and a thorough understanding of their own guidelines, rules and regulations.
It is important to us that you receive the proper support in a time of coping and recovery. We have a strong and winning approach to CPP appeals; whether offering our support at the beginning of the first appeal process or later, for judicial review in a Federal Court of Appeal, TSF Law is here to help.
If you are unsure of how to deal with a denied CPP disability application, contact us today for a free consultation and immediate assistance.