Serious accidents can cause injuries that leave a person unable to work and struggling financially. If you’ve suffered a severe injury in an accident, you need all the support you can get.
An experienced personal injury and disability lawyer can help you explore all available options. Depending on how the accident occurred, you may be entitled to compensation or benefits from a number of sources, such as long-term disability (LTD) benefits, a worker’s compensation claim, automobile accident benefits coverage, and/or a personal injury lawsuit.
In today’s blog post, we’ll have a look at another important option: bringing a CPP disability claim for injuries that are disabling.
CPP disability claim for accidents
There are several criteria that must be met to qualify for CPP disability benefits. You are eligible for monthly CPP disability benefits if you meet each of these requirements:
You are under the age of 65.
You’ve made enough contributions into the Canada Pension Plan. To satisfy the minimum contributory requirements, you must:
· have made valid contributions to the Canada Pension Plan in 4 of the last 6 years, or
· have contributed for at least 25 years, including 3 of the last 6 years, or
· meet the requirements for the late applicant provision.
You have a mental and/or physical impairment(s) that is both severe and prolonged.
Severe means that you have a mental or physical disability that regularly stops you from doing any type of substantially gainful work/occupation. Prolonged means that the disability is long-term and of indefinite duration or is likely to result in death.
So, as you can see, if an accident has left you with injuries that are both severe and prolonged, you may qualify for CPP disability benefits. The type of accident—car crash, pedestrian accident, bicycle accident, workplace accident, or slip-and-fall, for example—is not the focus. Instead, the focus is on whether the injuries meet the legal test for CPP disability.
More on the legal test for CPP disability benefits
The legal tests and qualifying criteria very depending on the type of compensation or benefits you’re seeking. For example, the test for LTD benefits is not the same as the test for CPP disability benefits. For that reason, it’s essential to fully understand what it means to be disabled in the specific context of a CPP disability claim.
The legal test for CPP disability benefits is one of medical impairment and employability. In other words, the key question is whether your application package satisfies Service Canada that you have a severe and prolonged disability that prevents you from working in any job.
To decide if your disability meets the legal test, Service Canada will look at:
The objective medical findings;
Your functional limitations (self-reported and as reported by your doctor); and
Your age, education, and work experience.
A serious accident that causes catastrophic injuries such as brain damage or spinal cord damage (quadriplegia, paraplegia) is likely to quality. Other severe injuries such as amputations or dismemberment, organ damage, blindness, and deafness, may qualify, as can conditions such as chronic pain disorder, depression, anxiety, post-traumatic stress disorder, if they are so disabling that they prevent you from working in any job and are not expected to resolve with time or treatments.
Benefits of working with a lawyer on a CPP disability claim for accidents
Applying for CPP disability benefits is a lengthy and complex process, requiring the completion of a form-heavy application. You must have the support of your doctor, and you will need to submit supporting medical documentation. There are also strict deadlines that must be met.
The CPP disability eligibility criteria are difficult to decipher, and there are often frustratingly long wait times. The odds of receiving a CPP disability claim denial are unfortunately high. Almost 60% of initial applications are denied.
You can reduce your stress levels and increase your likelihood of success by working with a CPP disability claim lawyer. Your lawyer can help you navigate the CPP disability claims process, prepare application materials, gather crucial evidence, and guide you through the complex CPP disability appeal process if you’ve already submitted a claim that has been denied.
Your lawyer can also help you in other important ways. Timing is crucial–-if you apply too soon (before it’s clear that your disability is long-term or indefinite), your CPP disability claim will be denied. But if you wait too long, Service Canada may reject your application.
Your lawyer can also help you understand how different types of compensation and benefits interact. For example, if you begin receiving CPP disability benefits, you need to be aware that LTD benefits, wage replacement benefits through the Workers’ Compensation Board, and income replacement benefits under Section B of an auto insurance policy will likely be adjusted to avoid what is known as “double recovery.”
HELP WITH CPP DISABILITY CLAIM FOR ACCIDENTS AND INJURIES
Calgary-based Ludwar Law Firm has over 25 years of experience representing clients with disability claims. Our clients appreciate that we take the time to explain their options, what is required to make a CPP disability claim, and what to expect during the claims process.
Our legal expertise has helped get approval for all types of claims and appeals (CPP disability claim for accidents, CPP disability claim for injuries, and CPP disability claim for illness). We also provide legal services for matters such as personal injury claims and long-term disability claims to clients throughout Alberta and Saskatchewan.
If you’re ready to work with a professional CPP disability claim law firm, we welcome you to reach out to us. Your first consultation with our CPP disability claim lawyer is free and can be done at your convenience. Contact us today to schedule your free consultation. We proudly serve clients in Calgary, Edmonton, Saskatoon, and throughout Alberta and Saskatchewan.
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