CPPD appeal. DOCTOR question


#1

Hi there.

Prognosis: severe spinal stenosis. Nerve issues at c5 c6. Surgery is risky as might never walk again or could lose use of arm. Right now my arm goes to sleep and I lose all feeling and strength whenever I engage my shoulder area. Walking standing and even using a computer. No more weight lifting with anything upper body and my work background is IT. Long term will only get worse and might start affecting legs with age. I’m 46.

I applied for cppd with all my info including MRI xray GP note, surgeon note and physiotherapist note. As expected I was denied based on longevity and severity. I am now appealing and my doctor has no idea what to do. He thinks nothing more is needed from the surgeon or therapist and that he needs to use better language. Having said that he is at a loss and basically my appeal will be denied cause he is incompetent. It’s very hard to change doctors but this is my life and it’s frustrating that my claim is in jeopardy cause of language. Can anyone suggest how I might move forward?

ps I do have a call in with a lawyer but usually they don’t get involved until the tribunal. Sadly having a doctor with no clue isn t gonna help.


#2
  1. Obtain a copy of your medical records. Review them to see if there is an objective basis for your diagnosis, what your records say about your report of symptoms and your restrictions and limitations.

  2. Obtain a copy of your personnel file to see if your spinal stenosis has affected your work performance. Your productivity may have suffered because you may have limited ability to use your hands, walk, stand or sit for any length of time.

  3. Obtain a copy of your job description. Create your own description of your physical duties with an explanation of how your symptoms impact your ability to do your occupation or any occupation

  4. Provide your doctor with the occupational description. Ask your doctor to prepare a report that explains the objective basis for your diagnosis, the objective basis of your restrictions and limitations, and the objective reasons you can’t perform some or all of the material and substantial duties of your occupation or any occupation. You need your DR. to state that you can not meet the minimum standard of any job as you could not meet the basic work requirements of adhering to a set schedule and excessive absenteeism.

5.Prepare a pain diary that explains your pain and the side effects of medication. Don’t forget to give examples of how your spinal stenosis symptoms interfere with your ability to do things on a daily basis.

  1. Be referred to a psychologist or psychiatrist to deal with adjustment issues, chronic pain, depression and/or anxiety if applicable

  2. https://resolutelegal.ca/free-consultation/


#3

Hi there.

Thanks kindly for the response and suggestions. I will definetly get on some of these right away.

I just wanted to clarify. I was laid off in 2015 and digagnosed mid 2016 with the stenosis. A big part of the work I did more then likely directly contributed to the injury however I spoke to a lawyer and basically they said it would be near impossible to prove they cause the injury. My entire working career was at IBM and that’s basically all my resume has. 100% my doctor agrees I cannot go back to working in IT cause using the mouse causes problems and I cannot feel what mouse button I’m clicking. Also the pain continues to get worse. Even on gabapenten the pain persists. Even when I think of factory work , security guard, truck driving ; essentially there is nothing I can do without taking a break every 10 minutes. This is my core arguement with CPPD. They basically contest somewhere there is a job you can do so essentially they can deny anyone.

I have also applied for ODPS as my OW worker said it’s probably easier then CPPD and really is more money. Personally I feel ODSP is still a welfare versus a benefit and would rather win a CPPD appeal.

Thanks again.


#4

I am sorry to hear of your struggles. CPP-D you have to prove you can not do any job so focus on your inability to meet a basic work schedule.
Show that the pain is increasing–maybe a referral to a pain clinic. It takes about a year to get in. But get the referral.
Also on google scholar or just google see if there are any academic/journal articles that relate to your condition. Include one or two of them.


#5

Isn’t ODSP less money than CPP-D?

Did you follow the application guide?
https://resolutelegal.ca/practical-guide-for-how-to-apply-for-cpp-disability-benefits/
A good application is more than just filling in the forms.


#6

Hey there. For the most part yes I followed the guide. And no for me based on age and years paid in then odsp is more per month

Tx


#7

Good luck with your appeal.
I wonder if once you have CPP-D if you can then apply for ODSP.
I think ODSP has some nice health care but is very restrictive on assets.


#8

Hi Jammer

From what I’ve been told , once you qualify for CPPD then OSDP is automatic. They will top you off if you are below their number as well as good health benefits. However the opposite is not true. Essentially ODSP is much easier to qualify according to multiple sources, but as you say Is much more restrictive. From what I’ve read online it’s nothing but horror stories for people trying to get on CPPD . Blows my mind the hoops you have to jump thru but how oh so easy your paycheque gets deducted like clockwork forever.

Tx.


#9

I pretty much had to get CPP-D since I also get LTD through work insurance.
It hasn’t even been a year.

I think to qualify for CPP-D, you have to quit your current job because of your disability.
Did the denial letter mention anything about you being laid off?
46 is young but not that far from 50 and I heard under 50 is really hard.
I am 49 though and I seemed to have it easy.

Try no to get discouraged.
I kind of suspect they don’t even read some applications.
My friend who had a stroke was denied the first time.
His appeal was see page xxx of the original application and the yyy medical report for proof of zzz.

I’m assuming you used that exact wording in your original application.
That seems like good wording.

In my case, I said I was slower at everything and it affects t, u, v, x, y, z.
I always had good performance reviews and I didn’t submit any “proof” from work, only said how my condition affected my work.
Using your work description might give you some ideas though.
Try to think beyond IT and how each of your symptoms would affect your ability to do ANY work.

I think you can get a copy of your file from Service Canada (their notes, etc).
Was the denial letter from a specific person?
I would call and ask them what information to include to make your appeal successful.


#10

Hi, You have been give some great advice above. Keep in mind that with some cases, you can only win then at the Tribunal Stage. Your case will not necessarily go to a hearing, we win many cases at the tribunal state. Once we put in documents and a brief, Service Canada will often offer to approve the case before the tribunal. There are lawyers out there (including us) who will represent people at the Appeals stages. My advice is to move your case along as fast as possible because your best chance of winning is when you get the the tribunal stage.


David Brannen

Disability Lawyer with Resolute Legal

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