If your application for Canada Pension Plan (CPP) disability benefits has been denied you have the right to appeal. Doing so with the guidance of a CPP or disability lawyer can ensure a smooth process and that you comply with all the procedural deadlines.
Aaron Lang - Lang Injury Lawyer provides experienced representation to clients who need help appealing denied benefits. In addition to handling CPP disability appeals, the firm also provides guidance to clients who have been injured or need assistance with long-term disability claims.
The Canada Pension Plan is administered by the federal government. The department responsible for CPP benefits is Human Resources and Social Development Canada. CPP operates in every province except Quebec. The CPP is made up of different divisions which are responsible for different benefits. The benefits programs include:
- Disability Benefits
- Benefits for Children of People Receiving Canada Pension Plan Disability Benefits
- Retirement Pensions
- Death Benefits
- Survivor Benefits
Benefits for Children of Deceased Contributors
How to Qualify For Benefits
To qualify for Canada Pension Plan Disability Benefits you need to meet three basic criteria:
- You must be under 65 years of age.
- You must have made the required amount of contributions. For example if Canada Pension Plan determined that you became disabled after January 1, 1998 then you must have worked and contributed to Canada Pension Plan in four of the last six years before the onset of the disability.
You must have both a "severe" and "prolonged" disability as defined in the Canada Pension Plan legislation. Canada Pension Plan defines severe as a condition that makes a person incapable of regularly pursuing any substantially gainful occupation. "Prolonged" is defined as such severe disability as is likely to be long continued and of indefinite duration or is likely to result in death.
The Appeals Process
The CPP appeal process is a three stage process:
- The first stage of the CPP Appeal process is the reconsideration which is conducted by the HRSDC ministry.
- The second stage of the CPP Appeal process is conducted by the Office of the Commissioner and involves an appeal of the HRSDC reconsideration decision.
- The third stage of the CPP Appeal process is conducted by the Pensions Appeal Board. The Pension Appeals Board is the final opportunity for appeal under the CPP. Pension Appeals Board hearings are not automatic and claimants or the Minister must request "leave to appeal".
Each one of these CPP Appeal Process stages has its own rules and its own deadlines. It is important that you speak with a CPP disability lawyer to make sure that you comply with the deadlines and the rules of each stage of your appeal.
If you have been denied CPP disability benefits and are pending a CPP Review Tribunal, we can provide you with tips on how to prepare for the tribunal.
At Lang Injury Lawyer, you pay no fees until your CPP claim is settled or won. Call us at 647-933-9864 or 877-359-8019 now or contact our firm online for a free consultation with a CPP disability lawyer. Our Toronto law office is located in North York and provides services to clients throughout the Greater Toronto Area.