CPP Disability Claims
Get Professional Help for Your CPP Claims in Alberta & Saskatchewan
Looking to get CPP Claims Calgary and Regina? We can help. At Ludwar Law Firm, clients with the same kinds of injuries and disabilities come in seeking Canada Pension Plan disability and private long-term disability insurance (LTD). The disabilities may be the same, but there are some differences in how their claims must be handled. The two main differences are:
- CPP doesn't consider your previous training, education and experience when deciding whether you are employable. With private LTD, if you are unable to do the job you were able to do before, you may be eligible for disability. The test for LTD is whether you can get a "reasonable" occupation, considering your background. CPP only looks at whether you can get any "substantially gainful occupation." If you were a professional or a highly skilled tradesperson, and you cannot work at that job but can work at a fast-food restaurant, then according to CPP, you can be gainfully employed. If you cannot get a job where you live but could get a job in another city, you will not qualify for CPP.
- CPP requires that your disability be "long-continued and of indefinite duration." So, for example, if you are in a coma but a doctor believes that you will be out of your coma in one year; your disability is not considered to be prolonged and indeterminate. In private LTD claims, if you eventually recover, you can get compensation for the time that you are off work, even if you are able to go back to work during the course of your lawsuit or disability claim. In CPP, you cannot.
APPEALING DISABILITY PENSION DENIALS IN ALBERTA AND SASKATCHEWAN
Despite the difficulties in getting CPP Disability, many people do qualify. Our lawyer will handle appeals of denied CPP claims in Calgary, Regina and surrounding areas of Alberta and Saskatchewan. If you have been denied benefits, we can help you find out why. If you file an appeal within 90 days of being denied CPP, the process may take a long time but may end with you getting the benefits you deserve.
During your appeal, attempts to look for work or return to the workforce are important. Failed attempts to return to a job help show that you cannot work due to your disability.
Get in touch today for professional help with CPP claims.
REASONS WHY CPP DISABILITY CLAIMS ARE SOMETIMES DENIED
If you are in Edmonton, Alberta, Calgary, Saskatchewan, or Saskatoon and need legal assistance to navigate a CPP disability claims denial, here are some reasons why your application may have been denied:
1. Your disability does not meet the “severe and prolonged” criteria under CPP regulations.
A common reason for a disability claims denial is that your chronic illness or disability failed to meet the CPP’s definition of a “severe and prolonged” condition. In other words, you may have provided insufficient information to show that your medical condition is severe enough to keep you from having a job and earning a substantial living.
2. You do not meet the requirements of the CPP Disability’s Late Applicant Provision.
If you wait too long to make your application, according to the four out of six year rule, you may no longer be eligible to claim financial benefits. Under CPP Disability’s Late Applicant Provision, you must be able to prove that your disability has been continuous from the Minimum Qualifying Period (MQP), and so until now.
3. You have not provided enough information regarding your medical history.
Failure to provide a comprehensive record of your medical history may also result in a disability claims denial. This includes reports from your healthcare provider, test results, treatment plans, and more.
4. You have not made enough contributions to the CCP.
There are many reasons why you may have inadvertently failed to make enough contributions to the CCP:
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You haven’t been employed in a long time.
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You took a prolonged time off work to take care of your children or other dependents, resulted in low income for a certain period of time.
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You went through a separation or a divorce.
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Your failure to apply was due to your mental or physical condition.
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You were living and working abroad for a certain period of time.
5. You may not have fully understood the CPP Disability terms and regulations.
A lack of understanding of the CPP Disability requirements may unfortunately also result in a claims denial. Since the eligibility criteria is often written in legal terms, it is recommended that you seek the help of a lawyer to help you address the complexities of your application.
If you are in Edmonton and require help with your CPP Disability application, Ludwar Law Firm is here to help.
If you are in Edmonton and require help with your CPP Disability application, Ludwar Law Firm is here to help.
ELIGIBILITY CRITERIA FOR CPP DISABILITY CLAIMS IN EDMONTON
To be able to make a CPP disability claim in Edmonton, Alberta, Calgary, Saskatchewan, or Saskatoon, you must meet the following eligibility criteria:
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You must be over the age of 18 but under the age of 65.
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You must have made enough contributions to the Canada Pension Plan.
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Your mental or physical disability must meet the CPP’s definition of a “severe and prolonged”, whereby such a disability is recognized as one that regularly prevents you from working and earning a substantial income and whose duration is indefinite.
The minimum contributory requirements to the CCP include the following:
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You need to have contributed to the CCP in 4 of the last 6 years.
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You need to have made contributions for at least a period of 25 years, including 3 of the last 6 years.
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If you are applying as a late applicant because you were unable to apply when you first became disabled, you need to meet the requirements for the Late Applicant Provision.
If you are in Edmonton and are unsure about your eligibility to the CCP, contact us at Ludwar Law Firm and our lawyers will gladly assist you. We can also help you with CPP disability claims denial resolutions.
SOME FAQS RELATED TO CPP DISABILITY BENEFITS
There are a lot of questions you may have regarding CPP disability benefits. Our team has compiled some of the common ones for your convenience:
What Exactly Is CPP Disability?
If you have contributed to the Canada Pension Plan, you can claim a disability benefit if you can no longer work due to injury or disability. You can receive financial support under this plan until you reach 65 years of age.
Are CPP Claims Taxable?
Yes, income from CPP disability benefits is taxable, and you will still have to file the annual tax return.
How Long Will It Take for My CPP Claims to Be Approved?
After you submit a request, you will get an answer within 90-120 days. After which, you will either get a notification that you will start receiving the payment soon or be asked to reconsider and file an appeal.
How Will I Receive My CPP Benefits?
Usually, the benefits are deposited in your account, or you will get a mailed cheque, depending on the options you choose while filling out the form. It is usually deposited in the last week of the month.
Am I Eligible for CPP Claims If I Have Never Worked?
If you have not contributed to CPP, you won’t be eligible for claiming the benefits.
If you still have questions about CPP claims in Calgary and Regina, you can contact us today.
Contact Ludwar Law Firm
For more information on Canada Pension Plan disability benefits in Alberta and Saskatchewan, contact Ludwar Law Firm today.