Hi, In 2016 I was diagnosed with A Fib. I informed my employer and wrote a letter about modified duty. They came back with the letter saying it would cause undue hardship on the company and decided to terminate my employment. I did have short and LTD at the time and should have , but didnt, apply for the disability benefits. As of now I am being treated for depression due to not being able to do any physical activities or work. Doing anything physical makes me very exhausted and I end up needing a nap in the afternoon. This has changed my life completley as I was working in the oil industy for the past 25 years. The last 3 years as a Field Supervisor. This was a very demanding and stressful job with long days and interupted sleep due to field problems I had to sort out on the phone at all hours.
So my question is whether or not I can be approved for CPP Disability based on my conditions. I think I am capable of working part time, but until I find something I wont be sure.
Just waiting for a MIBI scan next week to see why I get so exhausted doing anything. I will be 59 this november.
I know there are no outward signs of A Fib or depression and it is hard to acccept or to explain to any one. That leads me to believe my claim would be denied. Can you tell me if these are genuine causes for disability and can I work part time while on CPP disability. Thanks for your time and information.
Regards, Duaine
For CPP-D they look at limitations and restrictions in your everyday living and not at your diagnosis solely. You may have fibromyalgia mild or severe. They will look at how severe your fibromyalgia or depression are. For that you need to see specialists like rheumatologist, psychiatrist, psychotherapist. If you only see your family GP that may not cut it.
You can but if you earn more than a certain amount they will reduce or stop your payments. For max allowed amounts you should check CPP-D website or we discussed the amounts on this forum as well.
I would apply but make sure you read the resources here:
I was told by a GP that insurance companies deny claims that are only supported by a GP.
I put some weight in that if you only have the support of 1 GP.
More than 1 GP is better and specialists are even better.
Atrial fibrillation and depression can qualify you. The test for disability with CPP-D is that you can not maintain gainful employment. You should be referred to a psychiatrist for a medication consult, as well a referral to a sleep study would be helpful. You need to prove that you can not work.
Have you had any failed work attempts as CPP-D loves to use failure to try working against you. Does your Doctor and specialists support your application for CPP-D.
My advice is to retain Resolute legal for a free consult. They can guide you and work for you.
Disability is based on impairment and not diagnosis…so in your situation regardless of the diagnosis there would need to be a determination if you have the physical and mental capacity to perform gainful employment on a regular basis.
You should consider applying for long-term disability under your former LTD plan. If you have clear evidence that your disability arose while at work, then you would qualify to apply under that plan even though you are now late. Your application will be denied for being late, but you would have the option to sue them as courts will grant exceptions to late filing if you have a compelling reason and you apply with a year or so.
Your age will be a significant factor in your favour because the defintion of disability for both LTD insurance and CPP disability considers a person’s age when determining employability. If you had any inclination to apply for the LTD you would need to do that ASAP. Please contact us for a confidential consultation if you want more information.
David Brannen
Disability Lawyer with Resolute Legal
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