CPP Disability Specialists

CPP Disability Claims & Appeals

Professional legal representation for denied Canada Pension Plan disability claims. We help disabled Canadians navigate the complex CPP system and secure the benefits they deserve.

$933 Average monthly benefit (2016)

12 Months Maximum retroactive payments

No Win No Fee Guarantee

Overview & Eligibility

Understanding CPP Disability

Most Canadians have heard of Canada Pension Plan (CPP) but all of a sudden become confused when they hear Canada Pension Plan (CPP) Disability. The government of Canada has generated a disability program to protect those disabled Canadian individuals who have made sufficient contributions towards their Canada Pension Plan (CPP).

Eligibility Criteria

To be eligible for the CPP Disability benefit, there is a criteria that has to be met:

Severe and Prolonged Disability Definition

You must suffer from both 'severe' and 'prolonged' disability and it must prevent you from being able to work at any job on a regular basis.

"Severe" means: You have a mental or physical disability that regularly stops you from doing any type of substantially gainful work
"Prolonged" means: Your disability is long-term and of indefinite duration or is likely to result in death

Additional Requirements

In addition to satisfying the above definition of disability, you must also:

Be under the age of 65
Meet the CPP contribution requirements
Have made sufficient contributions to CPP during your working career

CPP Contribution Basics

If you are above the age of 18 and earn more than $3,500, then you must make contributions towards CPP. If you are employed, then you pay for half these contributions and your employer pays for the remainder. If you are self-employed, then you must make these contributions towards CPP on your own.

Contribution Requirements

To qualify for the Canada Pension Plan (CPP) Disability benefit, you must have contributions towards your CPP in:

Standard Requirement

Four of the last six years - This is the most common qualification path for CPP disability benefits.

Long-Term Contributor

Three of the last six years if you have contributed for at least 25 years total.

Meeting Contribution Requirements

These contribution requirements ensure that you have been a recent participant in the workforce and have made sufficient contributions to qualify for disability benefits when needed.

Special Provisions

Child-Rearing Provision

You may still be eligible for CPP benefits despite making no contributions or having very low earnings if you were the primary caregiver raising your children under the 'child-rearing provisions'.

Caring for young children can mean leaving the work force or working fewer hours. If your earnings stopped or were lower because you were the primary caregiver raising your children under the age of seven, then you can request the 'child-rearing provision'.

Child-Rearing Provision Eligibility:

You have children born after December 31, 1958
Your earnings were lower because you either stopped working, worked fewer hours or took a lesser paying job to be the primary caregiver of a dependent child under the age of seven
You or your spouse or common law partner received Family Allowance payments or were eligible for the Child Tax Benefit (even if you did not receive the benefit)

Late Applicant Provision

Government Understanding of Medical Conditions

The Government of Canada is generous to the disabled and understands that there can be circumstances where you might not be able to apply on time due to your medical condition.

There is a provision called the 'late applicant provision' under which you are eligible for the CPP disability benefit, even if you stopped working long ago but at present meet all the conditions of eligibility.

You may be eligible if:

You had enough years of CPP contributions when you first became severely disabled
You have been continuously disabled from that date up to the present time

Benefit Amounts

CPP Disability Benefit Structure

The basic monthly amount fixed for all recipients is $471.43 in addition to an amount based on your contributions to CPP during your employment career.

2016 Average Benefit

$933.82 per month was the average CPP disability benefit amount.

Maximum Benefit

$1,290.81 per month was the maximum available benefit amount.

Retroactive Payments

You can receive up to 12 months of retroactive payments from the date your application was received.

Benefit Calculation

Your total CPP disability benefit consists of a flat-rate portion that everyone receives, plus an earnings-related portion based on your contributions during your working years. The more you contributed, the higher your total benefit will be.

Payment Start Date

If you meet the requirements of the legislation, then your disability benefits will commence the 4th month after the month you are determined to be disabled.

Application Process

Our Recommendation

At our firm, we do assist individuals in all of Ontario whose CPP Disability claim has been denied. However, we always recommend you attempt to apply for the benefit on your own and if denied, then we can assist you. If you are not comfortable applying on your own, then we would be more than happy to represent you and advocate for you.

Please visit canada.ca CPP disability application page to apply for CPP Disability benefits on your own. Why pay us fees for something you can do on your own?

Submit Application

Complete and submit your CPP disability application online or by mail

Wait for Decision

Be patient as it can take approximately up to 4 months for a decision by Service Canada

Receive Decision

You'll be notified in writing of the decision on your application

Benefits Begin (if approved)

Benefits start the 4th month after you're determined to be disabled

Assessment Criteria

The medical adjudicators take into consideration the following criteria when determining whether you are eligible for the benefit or not:

Medical Factors

The nature and severity of your medical condition
The impact of the medical condition and treatment on your capacity to work
The prognosis

Personal & Work Factors

Personal characteristics such as age, education and work history
Your work performance and productivity
How much you are earning

Important Consideration

Under CPP legislation, the medical adjudicators do not consider the availability of suitable employment in your region when determining whether you are eligible for the benefit or not.

Application Tips

When you are filling out your application for CPP Disability benefits, make sure you take all the above factors into consideration and be as expressive as you can in your application and be thorough when describing your medical condition.

Appeals Process

Reconsideration

If your application is denied, then you may request a reconsideration of your decision.

Important Deadline

You must request a reconsideration in writing within 90 days after you are notified in writing of the decision by Service Canada.

Please be advised that reconsideration can take up to several months depending on whether you have submitted any medical information.

Social Security Tribunal Appeal

If your application for reconsideration is still denied, then your next step is to contact the Social Security Tribunal for an Appeal.

Initial Application Denied

Service Canada denies your initial CPP disability application

Request Reconsideration

Submit written request within 90 days of denial notice

Reconsideration Decision

Wait several months for reconsideration decision

Tribunal Appeal

If still denied, appeal to Social Security Tribunal

Note: The above mentioned information on this page has been sought from the website of Service Canada. To ensure that this information is accurate, please visit canada.ca for more information.

Legal Representation

CPP and LTD Claim Interplay

To understand the interplay between CPP Disability Benefits and your Long-Term Disability claim, please visit the 'CPP Set Off' sub-category under Long-Term Disability on our website.

Our Legal Services

At UL Lawyers Professional Corporation, if your CPP Disability claim has been denied either at the Reconsideration stage or before, we will work for you on a contingency fees basis.

No Upfront Costs

There are no upfront retainer fees that have to be deposited with us.

We Pay Initial Costs

We will initially pay for all your disbursements and any tribunal costs.

Fee Structure

Fees calculated on amount of recovery, not on disbursements or costs recovered.

Fee Arrangements

Upon settlement or judgment, fees will be calculated on the amount of recovery and not on disbursements or costs recovered in accordance with the Solicitors Act R.S.O. 1990, CHAPTER S.15. Or in the alternative, we may charge a flat fee or a percentage amount at the time of the decision in writing or judgment.

Combined LTD and CPP Claims

If we are retained for your denied Long-Term Disability Claim and consequently retained for your CPP Disability claim and upon being successful in obtaining this benefit for you, retroactive payments are made to the LTD insurer, then our legal fees for your CPP Disability claim will be charged at the time of settlement or judgment of your LTD claim.

Professional Assistance When You Need It

While we recommend trying the application process on your own first, our experienced team is ready to help when your claim is denied or you need professional legal representation at any stage of the process.