To qualify for Canada Pension Plan (“CPP”) disability benefits, you need to meet three basic criteria. You must be under 65 years of age, have made the required amount of contributions to CPP in the years before you became disabled and have a “severe and prolonged” disability as defined in the legislation. If your application for CPP disability benefits has been denied, you have the right to appeal. Acheson Sweeney Foley Sahota can help you with this.
The first step in the appeal process is the reconsideration request. Before preparing your request for reconsideration, it is very important that you have a clear understanding of why your application was denied. The denial letter will set out specific reasons why you do not qualify. The most common reason people are denied is that the Ministry does not accept that the applicant’s disability is sufficiently severe and prolonged. Occasionally an application will be denied because the applicant has not contributed enough, or that the applicant did not apply for disability benefits soon enough after becoming disabled.
A request for reconsideration must be made in writing within 90 days of receiving your denial letter. On reconsideration you are allowed to provide new information that you think will help your case, such as letters from your doctor and other health professionals that address the reasons why your application was turned down. You can also include letters from family or friends who are familiar with your medical condition. The review of the reconsideration can take several months. If you are successful and your denial is overturned, you could receive a lump-sum payment, as well as monthly CPP disability benefits.
If your request for reconsideration is not successful, you have the right to appeal. The appeal must be submitted within 90 days of receiving the results of the reconsideration. There may be a number of reasons why your appeal was not successful. You will need the advice of a lawyer to find the best way to proceed, and we have the expertise to assist you.