Canada Pension Plan – Disability (CPP-D)

There are two CPPD benefits:

• the disability pension, provided to individuals who meet the eligibility requirements and are not yet receiving a retirement pension, and
• the post-retirement disability benefit, which is provided to individuals who are found to be disabled after the start of their retirement pension.

CPPD pays disability benefits to those who have paid into the Plan while working in Canada and then become “eligible”. You can become eligible if:

• you are under the age of 65
• you made contributions to the program in 4 of the last 6 years, OR 3 of the last 6 years with those with 25 or more years of contributions
• you demonstrated that you are physically or mentally disabled for a long-term and/or indefinite period of time. This disability must prevent you from working regularly at any job
• We most frequently give advice to people who have been denied the CPP Disability Benefit, CPP, and OAS.

What to do if you have been denied a CPP benefit?

You must complete an application for CPP benefits.

If your application is denied, you will receive a letter explaining why. You have 90 days from the date of the letter (decision) to ask Service Canada for a “reconsideration” of the decision. Reconsideration means that Service Canada will look at your application again and make a new decision. You have to ask for the reconsideration in writing.

If you are denied again, you will receive a letter explaining the reasons. You can file a written appeal of the decision to the Social Security Tribunal (SST) within 90 days of receiving the Reconsideration decision.

There are two stages of appeal to the SST: the General Division (first level of appeal) and the Appeal Division (second level of appeal), which hears appeals of decisions made by the General Division. Appeals to the Appeal Division are not automatic; you must receive “leave” (permission). You must request leave within 90 days of receiving the decision from the General Division.

It is possible to appeal to Federal Court if your appeal is denied at the Appeal Division.

You should get legal advice when you are denied CPP at each level of the appeal system. Feel free to contact us for an appointment as soon as you receive a denial letter to ensure you do not miss you appeal deadlines.

 

The Steps to Justice website offers step-by-step information about CPP and other common legal problems.