Canlii-Read how CPP-D claims are denied. Helpful


#1

You can review past Social Security Tribunal of Canada - decisions to see how they deny or over turn applications.

If you like to read! https://www.canlii.org/en/ca/sst/

( cases against Minister of Employment and Social Development)


#2

Yes this is a great resource…Everyone should keep in mind that only a small number of the total Tribunal Decisions are actually published. They only publish cases if they think there is a important ruling on an area of law or fact situation. For example, I had probably 5-6 decisions in 2016 and only one was published. That case was important because there was no firm diagnosis and we successfully argued that a clear diagnosis is not needed – disability is based on finding of impairment. We spent a lot of time in our written submissions, my client’s testimony and in my oral arguments establishing the credibility of my client. You will see the judge makes reference to that…this is why how you approach the case and the story you tell is so important. The biggest mistake i see people make is they don’t appreciate that your situation is not black and white and it is critical to put your situation in the best possible light. A famous trial lawyer from the USA once told me that “he who tells the best story wins”…and I can tell you that has absolutely been my experience.

I touch on the importance of storytelling in the CPP Disability Approval Blueprint, but it is something that takes years to master.

None of 2017 decisions I was involved with have been published (yet); however, I was in a hearing today that I think will be published…because of the complex legal issues…hopefully it will go in my client’s favour.


#3

I so agree that trying the first time to apply yourself is worth a shot, but if you are denied just pass it on to a lawyer who will help get it through.

You will read many cases that applicants lost, that should not have, but got tangled up in the process and did not understand the rules or the case they had to meet. It is hard to see people lose at the final stage who could have been granted benefits but lost on legal technicalities or not realizing how the final appeal operates.


#4

This applies to anyone (including lawyers) who try to represent themselves in a court setting…there is an old saying that.

…A lawyer who represents himself has a fool for a client

This adage is often attributed to Abraham Lincoln, but probably pre-dates him.

I have actually represented lawyers in their own disability cases and let me tell you those were some of the biggest messes to try and unravel. Part of the problem when you represent yourself you can get so emotionally invested and, and may so many assumptions on what is “true”, it is hard to see things form an outsiders perspective.

I am a big believer and supporter of DIY in the disability claims and have made supporting DIY’ers is part of the core mission of Resolute Legal.


David Brannen

Disability Lawyer with Resolute Legal

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