Understanding CPP Disability Claims: Eligibility, Deadlines, and Navigating Appeals

Advice from a WSIB Appeals Lawyer with 40 Years of Experience and an 85%+ Success Rate over $100,000.

The denial of a CPP disability claim often leaves workers feeling rejected, defeated, and as if there is no hope. Although it may be possible to have your application reconsidered, it’s best to get advice from an expert BEFORE costly mistakes are unknowingly made.

In this post, we reflect on our extensive experience with helping clients gain CPP disability and provide insight into what comes next if you are denied CPP disability benefits. Let us help you prepare for your application before mistakes are made as we answer some of the most common questions about the application and appeal process.

Don’t Delay Your CPP Disability Application

If you think you may be eligible for CPP disability, don’t delay your application. Unlike WSIB claims, CPP disability benefits are only paid retroactively from 15 months before the claim was submitted. If your injury occurred years ago, your claim may still be valid. However, benefits will not extend to when the injury took place. For CPP disability claims, every month you wait to submit your application, you lose benefits.

You may have been told that your claim is not worth submitting. What you’ve been told could be wrong. Delaying your application could lead to a loss of benefits you were entitled to. When it comes to applying for CPP disability, don’t necessarily take the advice of others, including the Government, you may still have a claim that we can process.

How Hard Is It to Get Approved for CPP Disability?

Obtaining CPP disability benefits can be challenging. If you are considering applying for CPP disability, you would be well advised to get expert assistance BEFORE you apply. Without the help of an expert, such as a CPP disability lawyer, you could unknowingly make mistakes that cannot be undone, leading to a loss of benefits. You should not rely completely on a doctor for your CPP disability application or appeal. Your doctor is not your lawyer, and they may not know what is needed to be successful.

After a hearing, our client told us, “No one who isn’t an expert like you can win these hearings. You put the medicals together, you put the records together, and you knew how to argue it.” Some might not think they need a lawyer until it is too late. We can help you with your CPP disability application before costly mistakes are made.

Common Reasons for CPP Disability Application Denials

The top reason for a CPP disability application denial is that the required medical information was not provided. You need expert assistance to gather your medical records and your medical reports. You may think you have what you need. However, your doctor may not understand what is required. We assist your medical team in knowing the rules of CPP and help you get your benefits claim approved.

Don’t think your doctor is the legal expert; YOU NEED EXPERT assistance. We can help you with gathering medical reports and ensure that your doctor knows the rules as well as what is needed to be successful. Even if your doctor thinks they know what they are doing, they could be wrong.

Failing the “Severe and Prolonged” Legal Test

To be successful with a CPP disability claim, you will need to prove that your condition is both severe and prolonged. Doing this is not simple, and you will need expert guidance to support your claim. Simply feeling that your issue is severe is not enough to gain benefits. Though obtaining CPP disability benefits can be challenging, we can help, even if your date of disability was many years ago.

Crucial Appeal Deadlines for CPP Disability Claims

If your CPP claim has been denied, your application for reconsideration must be submitted within 90 days. If this is not completed on time, you will face difficulty having your claim heard. CPP deadlines are rigid, and if you miss a deadline, your mistake may not be fixable. Obtaining expert help before you apply can help you avoid the many pitfalls that can be encountered throughout the process.

What Happens If I Miss a Deadline?

If deadlines are missed, your claim will be denied. In some instances, we can file a new application for CPP benefits. However, you will not be able to claim based on the timeline of your original application. If your second claim is successful, you will only be eligible for retroactive benefits up to 15 months from the time of that application. Even if years have passed between these applications, your eligibility for these benefits would be lost.

Does CPP Disability Notify You If You are Denied?

Yes, you will be notified if your initial application has been denied. When denied, you will be notified that you have 90 days to apply for reconsideration. If your application for reconsideration is also denied, you will then be given another 90 days to go to the Social Security Tribunal (SST) for CPP. Obtaining CPP disability benefits can be challenging, and expert assistance is needed to navigate these complex processes.

How Long Does a CPP Disability Appeal Take?

The timeline from when you submit your initial application for reconsideration to when you receive a decision may take close to one year to complete. It is important to understand the process before you apply, as missed deadlines and delays can lead to lost benefits.

Gathering your medical documents takes time. By obtaining expert help before you apply, you can ensure that you are prepared for deadlines related to a request for reconsideration.

How to Win a CPP Disability Appeal

Winning a CPP disability appeal is difficult due to what must be proven. Your initial application or appeal must demonstrate that your condition is permanent and severe and that you are unable to perform any gainful employment. The legal definition of severe is a high benchmark, and your doctor may not understand what is needed.

Can I Appeal a CPP Disability Claim for Mental Health Conditions?

Yes, it is possible to appeal a CPP disability decision related to a mental health condition. Mental health claims are challenging to prove but can be won. The Government may feel that you have no restrictions for work, even when they agree you have a mental illness. You shouldn’t necessarily accept that their claim is true. 

Could I Qualify for a WSIB Claim if I Obtain CPP Disability Benefits?

It is possible that you could be eligible for WSIB benefits, no matter how old your claim is. An experienced WSIB claim lawyer can help you navigate these complex systems and support you in obtaining any benefits you qualify for. Beyond CPP disability claims, we can help you identify eligible benefits other “experts” may not even be aware of.

Frequently Asked Questions

Can You Work Part-Time or Earn Money While on CPP Disability?

Yes, you can earn a modest amount of income while on disability benefits. However, earning too much could cause your benefits to stop.

Are CPP Disability Benefits Taxable?

Yes, CPP disability benefits are considered to be taxable income.

Can You Collect ODSP and CPP Disability at the Same Time?

Yes, it is possible to collect both ODSP and CPP disability at the same time. However, there are limits to how much you can collect.

Does an Inheritance Affect CPP Disability Benefits in Ontario?

No, an inheritance does not impact your CPP disability benefits. CPP benefits are related to income, and an inheritance is not considered income.

Does CPP Disability Stop at Age 65? What Happens to Your CPP Pension?

Yes, CPP disability benefits stop at age 65. Once you turn 65, your CPP disability rolls over into a CPP pension.

Can You Apply or Appeal for CPP Disability after Turning 65?

No, in most instances, you cannot apply for CPP disability after age 65.