# CPP Disability and failed back-to-work

**URL:** <https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742>\
**Category:** Uncategorized\
**Created:** [April 17, 2020, 6:39pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742 "2020-04-17T18:39:14Z")\
**Posts on this page:** 13\
**Page:** 1

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**Author:** ![geekything](https://avatars.discourse-cdn.com/v4/letter/g/ee59a6/32.png) [@geekything](https://forum.resolutelegal.ca/u/geekything)\
**Post date:** [April 17, 2020, 6:39pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/1 "2020-04-17T18:39:14Z")

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Finally got my call from the medical adjudicator after 9-months of waiting.

Instead of using 2012 as my disability date, they want to use 2016 because I had a failed back-to-work attempt (self-employed doing a little bit of IT work in between bipolar episodes). I also had a tiny (39-hours) of work in 2017 to wrap up loose ends for my client and they also seem to be zeroing in on that too. I made $7K in 2016 and $2K in 2017.

What I can’t seem to figure out is the minimum CPP contribution I need to have made in the tax years 2013 (leftover from my severance after the accident) and 2016 (when I last paid CPP) to qualify for CPPD.

Can anyone help me out here? Very stressed. I don’t think I made a big enough contribution in either of those years ☹

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**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\
**Post date:** [April 18, 2020, 3:40pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/2 "2020-04-18T15:40:16Z")

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So the medical adjudicator said they approved it but want to use 2016?

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**Author:** ![geekything](https://avatars.discourse-cdn.com/v4/letter/g/ee59a6/32.png) [@geekything](https://forum.resolutelegal.ca/u/geekything)\
**Post date:** [April 18, 2020, 3:52pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/3 "2020-04-18T15:52:21Z")

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Hasn’t said approved…she hasn’t even looked at the medical report!!

She said they’ll use 2016 as my last worked year as it’s when I last tried to work. I didn’t pay much CPP in 2016 (or 2013 though my severance from my job after the car accident). It seems they’re willing to ignore me working 39-hours in 2017.

What I really need to know is the contribution minimums to be eligible in 2013 and 2016. I’m worried I haven’t paid enough CPP to qualify now that they’ve moved the date to 2016 (I was fine in 2012 backwards as I maxed out my CPP).

Hope that makes sense.

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**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\
**Post date:** [April 18, 2020, 4:32pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/4 "2020-04-18T16:32:16Z")

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I don’t see any minimum.  
As long as you contributed.

> **[Canada Pension Plan disability benefits: Do you qualify - Canada.ca](https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/eligibility.html)**
>
> Description of the criteria to be eligible for a disability or children’s benefit

> To qualify for CPP disability benefits, you must have contributed to the CPP in:

- four of the last six years; or
- three of the last six years if you have contributed for at least 25 years.

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<div class="post-metadata">

**Author:** ![geekything](https://avatars.discourse-cdn.com/v4/letter/g/ee59a6/32.png) [@geekything](https://forum.resolutelegal.ca/u/geekything)\
**Post date:** [April 18, 2020, 8:22pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/5 "2020-04-18T20:22:41Z")

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I have an inkling there is also a minimum amount, but I can’t find details on that…hence the question.

EDIT: I think as long as you earn over the Basic Exemption Amount you’re fine? Although that’s a problem for me in 2017, so I hope they don’t consider that.

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**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\
**Post date:** [April 20, 2020, 10:43am UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/6 "2020-04-20T10:43:20Z")

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> [@geekything](#):
>
> I have an inkling there is also a minimum amount

I would ask Service Canada.  
Maybe @David_Brannen knows.

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**Author:** ![geekything](https://avatars.discourse-cdn.com/v4/letter/g/ee59a6/32.png) [@geekything](https://forum.resolutelegal.ca/u/geekything)\
**Post date:** [April 20, 2020, 2:08pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/7 "2020-04-20T14:08:43Z")

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I always try and avoid the 45-minute wait times with ServiceCanada 😉 I will try.

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**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\
**Post date:** [April 20, 2020, 3:22pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/8 "2020-04-20T15:22:41Z")

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> **[CPP Disability Minimum Qualifying Period Explained \[+Video\]](https://www.resolutelegal.ca/minimum-qualifying-period-explained/)**
>
> In this article, we explain one of the eligibility criteria for applying for CPP disability benefits: the minimum qualifying period.

> SUFFICIENT CONTRIBUTIONS  
> Understanding what “sufficient contributions” means can be tricky.  
> You make contributions to the CPP based on pensionable earnings. There is a minimum and a maximum amount of pensionable earnings. If you make below the minimum amount in a year, then you will not have contributed to CPP that year. Once you exceed the minimum pensionable earnings, you are considered to have made contributions.

You can check that you have made the minimum contributions on the my service canada website.

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**Author:** ![David\_Brannen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.resolutelegal.ca/david_brannen/32/2_2.png) [@David\_Brannen](https://forum.resolutelegal.ca/u/David_Brannen)\
**Post date:** [April 20, 2020, 3:33pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/9 "2020-04-20T15:33:37Z")

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> [@geekything](#):
>
> What I can’t seem to figure out is the minimum CPP contribution I need to have made in the tax years 2013 (leftover from my severance after the accident) and 2016 (when I last paid CPP) to qualify for CPPD.
> 
> Can anyone help me out here? Very stressed. I don’t think I made a big enough contribution in either of those years

It is normal for them to take this position. The amounts for 2013 and 2016 are $5100 and $5490 respectively. Self employment cases are very tough sometimes and often have to go to the tribunal for final decision.

Don’t hesitate to reach out to us privately, if you want more information on how we an help.

* * *

**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](https://www.resolutelegal.ca/free-consultation/) to request a free consultation **or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.**

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<div class="post-metadata">

**Author:** ![geekything](https://avatars.discourse-cdn.com/v4/letter/g/ee59a6/32.png) [@geekything](https://forum.resolutelegal.ca/u/geekything)\
**Post date:** [April 20, 2020, 4:08pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/10 "2020-04-20T16:08:18Z")

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Thanks, David.

The amounts you quote are the total earnings that CPP was payable on? So my $11k in 2013 and $7k in 2016 would be okay? Sorry for the belabouring the point.

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**Author:** ![jammer](https://avatars.discourse-cdn.com/v4/letter/j/df705f/32.png) [@jammer](https://forum.resolutelegal.ca/u/jammer)\
**Post date:** [April 21, 2020, 6:38am UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/11 "2020-04-21T06:38:01Z")

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I’m pretty sure those numbers are total income and not the amount of cpp paid.

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<div class="post-metadata">

**Author:** ![David\_Brannen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.resolutelegal.ca/david_brannen/32/2_2.png) [@David\_Brannen](https://forum.resolutelegal.ca/u/David_Brannen)\
**Post date:** [April 21, 2020, 2:13pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/12 "2020-04-21T14:13:19Z")

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> [@geekything](#):
>
> The amounts you quote are the total earnings that CPP was payable on? So my $11k in 2013 and $7k in 2016 would be okay? Sorry for the belabouring the point.

Yes, but it refers to “pensionable income”. In a self employment situation it gets messy, so it would be the net business income reported on tax returns after all expenses deducted. If a person is an employee, it would be the gross income before tax deductions.

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<div class="post-metadata">

**Author:** ![geekything](https://avatars.discourse-cdn.com/v4/letter/g/ee59a6/32.png) [@geekything](https://forum.resolutelegal.ca/u/geekything)\
**Post date:** [April 21, 2020, 3:10pm UTC](https://forum.resolutelegal.ca/t/cpp-disability-and-failed-back-to-work/2742/13 "2020-04-21T15:10:23Z")

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Hi David. My pensionable income is ~$11k for 2013 and ~$7k for 2016, so it sounds like I’m good.

The CPP person grilled me on gross business income for the 2016 tax return – her concern was I had a high gross and expensed it down to $7k. I’m not 100% clear why this was a concern given they seem to be firm on this year being employment year?
