Some of our clients are newly disabled workers who need to apply for disability benefits. These benefits can come from private insurance, insurance through your employer or through Canada Pension Plan (CPP).
CPP’s disability benefits are notoriously difficult to obtain. Many clients come to us after they have been rejected, and we help them appeal the CPP’s decision. Unfortunately, while they wait for their appeal, they live with delay and uncertainty.
It’s much easier to simply come in to see our lawyers when you are considering applying, let us help you prepare your application, and save yourself the initial rejection.
CPP Disability Claims: A Difficult Threshold
In order to get disability benefits, you have to demonstrate that you cannot work. Whatever your injury or illness, you must explain how your limitations affect your ability to do your job, and explain your prognosis for the future.
You may be denied benefits because:
- You were not working and contributing to CPP long enough before your illness or injury.
- You waited too long to apply after becoming disabled.
- There is insufficient “proof” of your symptoms (this is common when your disability is not physical but mental or emotional).
- You can still do some of the functions of your job.
- You can still do your job sometimes (this may be the case if you have a disability that is not always acute, such as certain pain-related disabilities).
- You can still do jobs that are similar to your job.
- Your disability is not “long continued and of indefinite duration.”
- You can still work, even if the only jobs you are able to get are at a much lower wage than your previous employment.
It is important to note that CPP does not consider your training, education and experience when looking at what kind of job you could get. CPP may also reject your application if you could get a job by moving to another city.