Canada Pension Plan (CPP) Disability

Before applying, carefully assess whether or not your condition qualifies you for Canada Pension Plan (CPP) disability assistance. Experienced counsel’s guidance could save the time of filing a claim by assessing with an expert eye the likelihood that you could qualify for disability. You need to have enough CPP contribution and the disability should be severe and prolonged to qualify for CPP disability benefits.

It can be quite technical and stressful enough. Retaining a qualified lawyer to prepare and present your case can be beneficial. Appropriate counsel could make difference at initial application stage as well as at appeal stage between receiving valuable CPP benefits and a denial leaving you without income. Even if your claim is denied at the first stage, you still have the option of asking for the reconsideration of the decision. If reconsideration application is denied you can file the appeal before Social Security Tribunal. The lawyers dealing with disability appeals know how to establish your claim medically and legally in terms of the provisions of the Canada Pension Plan legislation.

Ontario Disability Support Program

Under the Ontario Disability Support Program (ODSP), qualified disabled individuals displaying appropriate financial need can receive income assistance providing basic living needs such as housing and food. The program can also help willing, able workers experiencing placement difficulties find consistent jobs that let them support themselves.

The “Income Support” arm of the ODSP provides financial assistance proportional to a disabled applicant’s family size, previous income, current assets and housing cost.

Whether you’re applying for benefits or appealing a denied claim, a qualified lawyer could help you organize and understand the facts of both the ODSP’s respective arms and where your unique circumstances fall within their parameters to receive assistance.

This can be a lengthy, complex process involving many shades of grey pitting your situation against government definitions of “need.” It would be wise to approach it following a quality consultation.

Short-Term And Long-Term Disability Claims

Canada’s Short-Term and Long-Term Disability (STD and LTD, respectively) programs provide employees with wage compensation enduring injuries or illnesses demanding significant time away from working.

Benefits can vary from employer to employer, and between employer-provided plans and privately purchased ones offered by business groups, alumni associations and insurance companies. Always consult your own plan before preparing a claim.

As the plans themselves vary, so too will the criteria for assistance:

• What forms must you prepare?
• What actions must your physician have taken for you to qualify?
• What is the waiting period prior to approval?
• What are the terms of length and amount paid?
• Will payouts be deducted from other available funds?

An STD claim requires a medically documented explanation of the condition and an expected return date. It is usual in the policies that in the first two years disability is decided following a condition to perform a previous occupation. “Total Disability” is defined as a complete inability lasting longer than two years to perform any given occupation. The terms of your policy and your medical conditions decide as to what benefits you are entitled for.

STD and LTD benefits can both expire and both can be cut off if your insurance company terminates you, if you gain income, or if you return to work. It’s important to hold on to all disability-benefit documentation and keep a physician up to date on the state of your condition, should a dispute arise.

Social Security Tribunal Appeals

This independent administrative body provides an appeal process for disputed Employment Insurance (EI), Canada Pension Plan (CPP) and Old-Age Security (OAS) rulings.

The Social Security Tribunal operates at two levels: the General Division, composed of the EI Section to hear that body’s disputes, and the Income Security Section that hears CPP and OAS disputes; and the Appeal Division to hear disputed rulings from the General Division.

Should you feel that your benefits have been unjustly denied or terminated, you may choose to file an appeal with the Social Security Tribunal.

The tribunal’s decision will be based upon Canada Pension Plan and Old-Age Security program legislation and how your particular case fits within those definitions.

Social Benefits Tribunal Appeals

The Social Benefits Tribunal (SBT) is established by the Ontario government. The SBT hears review claims under the Ontario Works Act and Ontario Disability Support Program Act regarding refusal to grant benefits, cancellation or suspension of benefits, reduction in benefits, or the amount awarded.

If your application for the benefits is denied, you may ask for the review of the decision. If review decision is also not agreeable to you, an appeal can be filed before the Social Benefits Tribunal. You may engage a lawyer to present your case and argue the appeal before the tribunal. You will also have a chance to testify before the tribunal and explain the issues in your case. On the basis of the material available on file, your or any other witness’s testimonies and hearing arguments on behalf of yourself and the minister, the tribunal passes the final order in your case.