CPP-D Appeal Process Looks Daunting


#1

I’ve just been reading some information about the CPP-D appeal process if my application is denied and it looks rather daunting. What if I’m unable to win the appeal? Do I try to return to my job? Feel overwhelmed by this whole process.


#2

Do you have LTD?
The insurance company is obligated to still cover you but they may cut you off if you have an “any occupation” clause.
You would need a lawyer if that happens, I guess.

Not if doctors say you can’t work.


#3

Yes my LTD claim goes until Aug 2019.


#4

Is it “own occupation” until Aug 2019 and then “any occupation” until age 65 or is the whole claim limited to next Aug?


#5

The LTD claim states "If you remain unable to perform the duties of your own occupation, disability benefits are payable up to Aug. 16, 2019 commonly referred to your definition change date. Thereafter, disability benefits are payable if you are unable to work at any occupation for which you are qualified, or may reasonably become qualified by training, education or experience.

I’ll be turning 65 in December of 2019, and always planned to retire in January 2020. So I had not planned to work past 65 even at my own job.


#6

You did say that. :slight_smile:

So you’re asking if all appeals for CPP-D are denied and it is before Aug 16, 2019, will you have to return to your job?
No you won’t but the insurance company may cut you off.
@David_Brannen might know the likelihood of them doing that.
Hopefully you’ll be approved and then there won’t be an issue.
I wonder if being close to 65 anyways will be in your favour to get CPP-D.
I know being younger than 50 is a negative.


#7

Yes. That’s what I said. I just assumed my LTD would end & I would either have to return to work even for a short period & then retire or have the option to retire when LTD ends. I know I’ll have to do the appeals if CPP-D is denied. Thanks


#8

If LTD cuts you off before you turn 65 then you have to make a choice on whether to try and overturn the decision through appeals and/or a lawsuit. The closer you are to age 65 when they stop payment, the less viable an appeal or lawsuit given the money involved.

If LTD stops at the change of definition date you cited, then you could possibly retire if you have that option and don’t want to appeal.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#9

Thanks for this information.