Nearly 60% of initial applications for CPP disability benefits are denied. You’re counting on CPP disability benefits and don’t want to be one of the applicants who gets rejected. A clear understanding of the key eligibility requirements will increase your likelihood of winning CPP disability claim approval.
In today’s blog post, our CPP disability claim attorney will explain the main criteria, with special emphasis on the health-related eligibility requirements. Don’t hesitate to get in touch with our CPP disability claim law firm to discuss whether your disability is likely to qualify or to get professional help with your CPP disability claim.
Are you eligible for CPP disability benefits?
You can get monthly CPP disability benefit payments 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.
The third requirement is the key health-related criteria. When it comes to CPP disability claims, a medical diagnosis on its own will not automatically make you eligible (though there is a list of “grave medical conditions” such as ALS, certain types of cancers, and early onset Alzheimer’s Disease, that have a high probability of meeting the CPP disability eligibility criteria).
Let’s explore what qualifies as a severe and prolonged disability for the purposes of qualifying for CPP-D benefits.
What is a “severe and prolonged” disability?
Under CPP legislation, you are considered disabled only if you have a severe and prolonged mental or physical disability.
It’s important to note that in this context, occupation means any profession or work you might do to earn a living, regardless of your previous training, education, and work experience. That’s different from the test for long-term disability benefits, which typically looks at whether you can work in a “reasonable” occupation, in light of your background.
In the CPP disability claim context, prolonged means your physical and/or mental health condition is long-term and of indefinite duration or is likely to result in death. Again, its worth noting that the test for CPP disability benefits is different for other types of disability benefits. For example, you may be eligible for Employment Insurance, short-term disability benefits, or long-term disability benefits if your medical condition is temporary or has the potential to improve.
Who decides if you are eligible for CPP disability benefits?
Service Canada is responsible for reviewing your CPP disability application package and determining if you are “disabled.” As you can see from the above, the legal test for CPP disability is one of both medical impairment and employability. The Service Canada medical adjudicator who reviews your application package to decide if your disability meets the legal test will be looking at the combined impact of a number of factors, including:
the nature and severity of your medical condition;
the impact of the medical condition and treatment on your capacity to work;
your functional limitations, as reported by you and your doctor;
your prognosis (i.e., the likely course of your medical condition);
your age, education, and work experience;
your ability to attend work regularly; and
your volunteer and educational activities.
As the applicant, you have the burden of proving your entitlement to CPP disability benefits. Your application package—including the medical report completed by your doctor—must contain enough supporting evidence to satisfy the medical adjudicator that your claim meets the eligibility criteria. Your claim will be denied if you don’t provide sufficient medical evidence.
GET LEGAL ADVICE FROM A CPP DISABILITY CLAIM ATTORNEY
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 win even difficult claims involving depression, chronic fatigue syndrome, and fibromyalgia.
The team at our CPP disability claim law firm will help you determine which benefits you are eligible to claim and guide you throughout the application process. Aside from being an experienced CPP disability law firm, we also provide other legal services for matters such as long-term disability claims to clients throughout Alberta and Saskatchewan. LTD lawyer James Ludwar has been assisting clients with LTD claims for over 25 years.
If you’re ready to work with a professional CPP disability claim attorney, reach out to us. Your first consultation with our CPP and LTD law firm is free and can be done at your convenience.
We welcome you to contact us today to schedule your free consultation with our CPP and LTD lawyer (Alberta and Saskatchewan).
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