Eligibility for CPP Disability Needs to Meet 3 Criteria
What does it take to meet eligibility for CPP disability payments in Ontario? In short, you have to deal with three legal criteria, each one of which has its own detailed rules for individuals who want to obtain benefits. You must be under the age of 65, meet the stated contribution requirements and be able to demonstrate that you have a “severe and prolonged” disability.
Note that in order to receive disability payments you must satisfy all three guidelines, not just one or two. You must:
- Not yet have reached your 65th birthday
- Meet all CPP contribution requirements
- Suffer from a prolonged and severe disability
Here is what everyone should know about satisfying the requirements for each of the three categories:
Age
Before applying, you must be between the ages of 18 and 64 and not be taking any form of CPP early retirement payments. If you are getting early retirement payments, you have the choice to either forego the application for disability or to “convert” your early retirement income to disability. However, that case only arises for individuals who are between the ages of 60 and 64.
The laws is quite firm on the point that no one can collect both disability and early retirement income simultaneously. If you do get early retirement payments and wish to opt for a conversion, there is a completely separate process for doing so. Speak with a lawyer about how to make a valid, effective conversion.
Contributions
While the age and disability criteria are rather straightforward, the contributions requirement is not. That’s because there are two primary ways to meet the contributions guideline, along with many exceptions to the rule.
For example, you will have enough contributions as long as you either:
- Worked and contributed for four of six years just prior to becoming disabled, or
- Worked and contributed for three of six years just prior to becoming disabled, as long as you have accumulated, in total, 25 or more years of contributions
Additionally, there are exceptions for people who were out of the workforce for an extended period due to the need to stay at home and raise children, who are able to split work credit with their spouse and so on. So, if you don’t qualify based on one of the two main rules, you could still receive benefits in some cases. Determining eligibility for CPP disability payments can be a complex task.
Disability
The two most important words in this part of the law are “severe” and “prolonged”, and you must prove that your disability meets both of these very specific legal definitions. Be careful not to rely on the usual definitions according to everyday speech. Nor should you accept what your doctor or a non-specialist lawyer tells you. That’s because both words have been interpreted by the courts to have precise definitions that only apply to CPP law.
Very simply put, a severe disability is one that prevents you from working or earning substantial income. A prolonged disability is either likely to be lengthy and indefinite, or it must be shown to be a disability that is likely to lead to death.
What’s Next?
It’s important to note that CPP disability benefits automatically stop and become standard retirement benefits when an individual turns 65. There are other quirks and exceptions to all the parts of eligibility for CPP disability payments, so it’s best to seek professional guidance from a lawyer for specific advice about your own situation, payment level, eligibility status and how to apply.
If you are wondering about your own eligibility for CPP disability payments, speak with a lawyer who has expertise in handling cases successfully. Trying to file the paperwork and correctly show that you meet all the requirements can be a complex task. A smart first step is to schedule a consultation, so you’ll know exactly where you stand in terms of qualification.
