The Canada Pension Plan Disability Pension program is a very difficult system to navigate if you are not familiar with what is required to successfully appeal the denial of your application for benefits.
CPP Disability is governed by legislation and case law which forms the framework which the Social Security Tribunal Member who hears your appeal must consider.
The requirements for CPP Disability Pension include your being under age 65 and having a disability that you can establish is severe and prolonged on or before the end of your Minimum Qualifying Period. The Minimum Qualifying Period refers to the minimum period you have worked and contributed to CPP. The Minimum Qualifying Period is usually December 31st of your last qualifying year.
We have been very successful in conducting CPP Appeals, so it’s important to consult with a disability lawyer as soon as possible. We have found that the medical professional, usually your overworked family physician, who completes the medical portion of your application, has an understanding medically of your condition but does not have sufficient understanding of the CPP Disability regime to properly complete the forms to best support your application for benefits.
Your physician must provide his or her medical opinion as to whether your medical condition is severe and prolonged. This is common knowledge. However, the Social Security Tribunal can and does take the position that a blanket medical opinion of this nature is not sufficient.
When reviewing your CPP Disability application with your physician, make sure he or she not only sets out the diagnoses but also the full list of symptoms that impair you and preclude you from “any gainful employment.” The Social Security Tribunal will have a better understanding of your impairments and why you cannot work.
At Himelfarb Proszanski, we can build you a strong CPP Disability application to maximize your benefits. If you’ve already been rejected, we know how to successfully appeal your rejection and get you the benefits and medical care you deserve.
