Can You Appeal Your Long-term Disability Claim?
Was your long-term disability claim denied? Not to worry.
The Canadian Pension Plan often has unfair reasons to deny a claim, but with the right help, it can be appealed. Keep reading to learn why this happens and what to expect going forward.
What Is Long-term Disability?
Long-term disability examples include depression, fibromyalgia, anxiety, chronic fatigue syndrome, memory and concentration problems, headaches, and PTSD.
To qualify for long-term disability benefits, you need to have a disability that will last indefinitely, be unable to work because of your disability, have made contributions to the CPP, and be under the age of 65.
If you are deemed to be qualified, you will receive monthly benefits from the CPP.
Why Was Your Claim Denied?
A lot of these claims are hard to prove through no fault of your own. But if the CPP feels you didn't sufficiently prove your disability, they will deny it. In Canada, more than half of the disability claims made are denied.
The government can say you do not have sufficient evidence, paperwork, or medical documentation to demonstrate your disability. They may also claim you did not explain your disability well enough or how your struggles prevent you from doing your job.
They can also try and assert you can get a "sustainably gainful occupation." This means that you will not qualify if you can work a lower-paying job or one in another city.
The Appeal Process
The first step in the process is to hire a long-term disability lawyer. They will figure out why the CPP has denied your LTD claim and ensure they take another look at it. But after that, what should you expect during the appeal process?
First, check the appeal deadline and make sure you file everything before then.
Be sure to carefully look at your denial letter and see what additional documents you need to give them. If you have new medical information regarding your disability, send this with your appeal letter.
You should also keep a record of all contact you had with the CPP and note every document you provided them. You can also keep track of the dates and times you spoke with them to be safe.
Your lawyer will fight the claim by showing the government you're unable to work. Additionally, they will likely advise you to keep working or look for work, as failed attempts show your inability to maintain a job.
And although this process will take a while, it may all be worth it in the end.
Call a Disability Attorney
Your long-term disability should not be your burden to prove. With help from a skilled attorney, you will be getting the CPP benefits you deserve for a more comfortable life.
Contact us to start the appeal process with Ludwar Law Firm today.