CPP-D denied. DTC approved. Feeling frustrated


#1

Hello,
I’m 35 diagnosed with multiple sclerosis. I applied for both CPP Disability and the DTC on March 1st 2018. I received an approval letter for the DTC on March 20.
I received a phone call from service canada two days ago stating that my claim was denied and I would get a letter in the mail explaining how the decision was made and how to appeal. I receive LTD benefits from my employers plan.
The reasoning stated was: …does not have a disability that is severe and prolonged as defined under the CPP legislation.

I was diagnosed with MS in March 2015. I had been off of work since November 2014 awaiting a neurologist appointment (in Feb 2015) as my family doctor and myself suspected Carpal Tunnel. It ended up being multiple sclerosis and my health and capabilities continued to decline.
My LTD sent a letter saying I no longer qualify under the “own occupation” and meet the “Any occupation” clause as I’m unable to do any occupation with gainful employment.

I’m aware of the high percentage of denials in regard to CPP-D. However I’m confused as to how I can be disabled enough for DTC but not the CPP-D.
There is no cure for MS, it’s a debilitating disease that you don’t recover from like a headache.

I’m at a loss right now. The wind has been completely taken out of my sail. Any ideas of what to do would be greatly appreciated.
Thanks


#2

You do qualify for CPP-D but they want you to give up and not appeal.

Don’t give up.
Read the articles here:


#3

Same here. I was approved for DTC and LTD beyond 2 year mark but denied twice on CPPD. They gave me the same explanation.


#4

Have you gone through your reconsideration process?


#5

Yes and was denied. At a Tribunal stage now.


#6

I guess my advice is to trust your lawyer.
Best of luck.


#7

Each agency makes an independent assessment based on the paperwork and documents in their own file. It is possible the documents you provided to CPPD are not sufficient. They may not have all the information that your LTD insurer has. CPPD may not have the medical certificate your doctor provided to DTC, etc.

I expect there is just a gap in information and once you provide that to Service Canada during your appeals, your CPPD will be approved.


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.


#8

Check this link for MS https://mssociety.ca/library/document/7y12efUgEiZY5B9SuDTbcnCImhOA3XNl/original.pdf


#9

That’s a FANTASTIC resource from the Multiple Sclerosis Society! It does a great job describing the CPP Disability program and provides wonderful examples specific for people suffering from MS who are applying for CPP Disability. It’s one of the BEST TIPs I’ve seen on the site! Thanks so much Allyoops!!!


#10

Apologies for not repling sooner. Extreme warm temperatures and MS don’t mix.
Thank you for that fantastic resource from the MS Society.
I had mailed out both applications on the same day, with copies of similar items. I’m just about to do my letter for reconsideration and ask for my reasoning as to why I was denied.
Thank you all for your information as it will assist greatly.
I will update as the process progresses.