Ludwar Law Firm- Disability | CPP Disability Claims

When evaluating your employability, the Canadian Pension Plan (CPP) does not take into account your previous training, education, or work experience. In contrast, eligibility for benefits under private Long-Term Disability (LTD) insurance is based on your capability to perform the duties of your former job. The criteria for LTD approval are centred on your ability to engage in a suitable occupation, taking into account your vocational background.

Unlike LTD assessments, CPP evaluations focus solely on determining your capacity to secure any form of "substantially gainful employment." This means that even if you previously held a professional or highly skilled position but are now only able to work in a different role, such as in a fast-food establishment, CPP may still consider you to be gainfully employed. Additionally, CPP eligibility depends on your ability to find work within your current geographic area; if you can secure employment in another city but not in your current locality, you may not qualify for CPP benefits.

The Canadian Pension Plan (CPP) requires a disability to be "long-continued and of indefinite duration" to qualify for benefits. For example, if a medical professional predicts that a coma will persist for a year but anticipates recovery afterward, CPP may not consider the disability as prolonged and indefinite. Conversely, in private Long-Term Disability (LTD) claims, individuals may receive compensation for the duration they cannot work, even if they subsequently recover or return to work during the claims process.

This distinction highlights a significant difference between CPP and private LTD claims. While LTD benefits may be provided for the duration of the disability, regardless of later recovery or return to work, CPP benefits are contingent on the disability being long-continued and indefinite. It is essential to understand these distinctions when navigating disability claims and pursuing suitable compensation for lost income and medical expenses.

Appealing Disability Benefits Denials

Despite the difficulties involved in securing CPP Disability benefits, many individuals do qualify for assistance. At Ludwar Law Firm, we specialize in managing appeals for denied CPP claims in Calgary, Regina, and the surrounding regions of Alberta and Saskatchewan. If your benefits have been denied, our skilled lawyers will thoroughly investigate the reasons for the denial and provide comprehensive support throughout the appeals process. It is critical to file an appeal within the 90-day window after a denial, as this process, though potentially lengthy, can help you obtain the benefits you deserve.
During the appeals process, it is important to show genuine efforts to seek employment or return to work. Demonstrating unsuccessful attempts to reenter the job market can effectively highlight how your disability affects your ability to work.
Contact us today for expert assistance with your CPP claims. Our dedicated team is committed to advocating for your rights and ensuring you receive the support and benefits you are entitled to under CPP Disability regulations.

Why Are CPP Claims Denied?

If you reside in Alberta or Saskatchewan and require legal guidance to navigate a CPP disability claim denial, here are several potential reasons why your application may have been rejected:

Your disability does not meet the “severe and prolonged” criteria under CPP regulations.
A common reason for a disability claims denial is that your chronic illness or disability failed to meet the CPP’s definition of a “severe and prolonged” condition. In other words, you may have provided insufficient information to show that your medical condition is severe enough to keep you from having a job and earning a substantial living.
You do not meet the requirements of the CPP Disability’s Late Applicant Provision.
If you wait too long to make your application, according to the four out of six- year rule, you may no longer be eligible to claim financial benefits. Under CPP Disability’s Late Applicant Provision, you must be able to prove that your disability has been continuous from the Minimum Qualifying Period (MQP), and so until now.
You have not provided enough information regarding your medical history.
Failure to provide a comprehensive record of your medical history may also result in a disability claims denial. This includes reports from your healthcare provider, test results, treatment plans, and more.
You have not made enough contributions to the CCP.
There are many reasons why you may have inadvertently failed to make enough contributions to the CCP: ● You haven’t been employed in a long time.● You took a prolonged time off work to take care of your children or other dependents, resulting in low income for a certain period of time.● You went through a separation or a divorce.● Your failure to apply was due to your mental or physical condition.● You were living and working abroad for a certain period of time.
You may not have fully understood the CPP Disability terms and regulations.
A lack of understanding of the CPP Disability requirements may unfortunately also result in a claims denial. Since the eligibility criteria are often written in legal terms, it is recommended that you seek the help of a lawyer to help you address the complexities of your application.
If you are in Alberta or Saskatchewan and require help with your CPP Disability application, Ludwar Law Firm is here to help.

Some FAQs Related to CPP Disability Benefits

You might have numerous inquiries concerning CPP disability benefits. Our team has gathered some of the most common ones for your convenience. If you still have queries about CPP claims in Alberta and Saskatchewan, please contact us today.

What Exactly Is CPP Disability?
If you have contributed to the Canada Pension Plan (CPP) throughout your career, you are eligible to apply for disability benefits if you become unable to work due to injury or disability. This program serves as a crucial lifeline, offering financial support to individuals whose physical or mental impairments significantly hinder their ability to secure gainful employment. Accessing CPP disability benefits provides eligible recipients with essential financial aid to cover basic living expenses and medical bills, easing the financial burden associated with their disability.

One of the key advantages of CPP disability benefits is that they are not restricted by age, providing ongoing support until the recipient reaches 65 years old. This extended coverage period ensures that individuals with long-term disabilities have access to consistent financial assistance, offering a sense of stability and assurance as they confront the challenges presented by their condition. Whether the disability is temporary or permanent, CPP disability benefits serve as a lifeline for individuals grappling with the financial repercussions of their impairment, helping to preserve their quality of life and dignity throughout their journey.
Are CPP Claims Taxable?
While it's true that income from Canada Pension Plan (CPP) disability benefits is subject to taxation, it's essential to grasp the intricacies of this process. Despite CPP disability benefits being taxable, recipients are still required to file annual tax returns to accurately report their income. However, the tax implications of CPP disability benefits can vary based on individual circumstances and other sources of income.

When completing tax filings, individuals receiving CPP disability benefits must ensure they correctly report this income to avoid potential penalties or repercussions. Understanding how CPP disability benefits impact overall tax liability is crucial for effective financial planning and compliance with tax regulations. Seeking advice from a knowledgeable tax professional or financial advisor can offer valuable insights into the tax implications of CPP disability benefits, empowering recipients to confidently navigate tax filing complexities.
How Long Will It Take for My CPP Claims to Be Approved?
After submitting a request for Canada Pension Plan (CPP) disability benefits, you can typically anticipate a response within 6 months. During this time, CPP authorities will meticulously review your application, evaluating factors such as medical records, work history, and other relevant details to ascertain your eligibility for benefits. Following this assessment, you will receive a notification regarding the outcome of your application.

Upon receiving a decision, there are two potential scenarios: you may receive approval, signalling that you will soon start receiving CPP disability payments, or you may be notified of a denial. If your application is denied, you have the option to appeal. This process involves requesting a reconsideration of your application and providing additional evidence or documentation to support your claim. Successfully navigating the appeals process necessitates thorough attention to detail and may entail seeking assistance from legal professionals or advocacy organizations specializing in CPP disability claims.
How Will I Receive My CPP Benefits?
After your Canada Pension Plan (CPP) disability benefits application is approved, you can anticipate receiving your payments through direct deposit into your bank account or by mail, based on the preferences you specified when completing the application form. Typically, CPP disability benefits are distributed during the last week of each month, offering recipients financial assistance to cover essential expenses and medical costs related to their disability. Opting for direct deposit ensures immediate access to funds, facilitating timely receipt of benefits without waiting for a physical cheque in the mail. Alternatively, if you choose to receive payments by mail, you can expect to receive a cheque delivered to your specified address. Regardless of the payment method, CPP disability benefits play a vital role in supporting individuals facing the financial hardships of disability, providing stability and assistance to help sustain their quality of life.
Am I Eligible for CPP Claims If I Have Never Worked?
If you have not contributed to the Canada Pension Plan (CPP) through employment or self-employment, you will not meet the eligibility criteria to claim CPP benefits. These benefits are specifically intended to offer financial assistance to individuals who have made contributions to the plan over their years of employment, and eligibility is contingent upon having contributed for a minimum number of years. Without a record of contributions to CPP, you do not have a recognized entitlement to benefits under the plan. Nevertheless, it is crucial to explore alternative avenues for financial assistance or support programs that may be accessible to individuals ineligible for CPP benefits. This ensures you have access to the necessary resources to address your financial needs and circumstances effectively.

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