I was right! The number is legit. Most employees in the Federal Government haven’t returned to the office since the pandemic. Despite a “soft” mandate saying otherwise.
After pressing the agent, she told me that SC have “re-started” doing regular CPPD reassessments of claims which align with the Feds initiative to reduce fraud, collect debts from citizens, and other blah, blah,blah reasons.
I once applied for the Disability Tax Credit (DTC), but my condition had improved, falling below the 90% threshold.
As far as I understand, being eligible for the DTC indicates a more severe level of disability compared to others, so it’s reasonable to expect that once approved, you won’t face further inquiries.
The CPP adjudicator suggested that I reapply. However, there’s a catch: my GP will charge me a lot for the form, and there’s no guarantee of approval. Plus, I lack sufficient medical expenses to offset the form’s cost when I claim it on my tax return. Previously, a specialist, now retired, completed the DTC application without any extra charge.
You may want to appeal any decision that denies the DTC on the “90% Rule”. Lembi Buchanan, an advocate for DTC fairness, has written some things about the “90% Rule”.
Yeah it’s such a weird little box for things that are so variable. I can walk 10 feet in about 1.5x the time of an able bodied person but it took me 11 minutes and a mobility device to walk the 260 m that Google said should take me 1 minute.
Interesting link/info. But my take is CRA will continue to apply the 90% rule and unless one hires a lawyer and challenge CRA in our unhinged non-democratic court system.
The revelation that the 90% criteria enforced by the CRA lacks a solid legal basis is indeed significant in highlighting a flaw in the system. However, this doesn’t automatically translate into immediate benefits for those previously denied or future claims.
Like some rogue RCMP or police officers, may continue to ticket drivers who have a cell phone in the cup holder (not using it) despite recent precedents denouncing the ticketing as unlawful. As long as the 90% “rule” is clearly shown as a requirement on the DTC, you can be certain CRA will be enforcing it.
Finally, all the article does is underscores the need for ongoing advocacy and reform to ensure fair access to support for all individuals:
The CRA disregarded Garneau’s extensive discussion of court cases and analysis of the meaning of “substantial.” Instead, the Agency has continued to apply the rigid criteria as if it had some basis in law. As a result, thousands of claims have been denied by enforcing such a false narrative.
Now that the eligibility for the new Canada Disability Benefit may require DTC-eligibility, it is essential that the CRA remove the 90% criteria in the application process the tax credit. Otherwise, some of the most vulnerable members of our society will continue to be left behind.
Sorry, was trying to help! I found the site useful in understanding “why” so many individuals have to endure such an unreasonably difficult process.
I had to apply twice, and decided a new application with the support of my physician was the best option, instead of going the appeal route.
The following site provides some well developed resources to assist with DTC application, the ultimate goal being to make it easier to establish an RDSP. The site includes an interactive online tool to help ‘craft’ the ‘right’ DTC application language for a PWD to take to the appropriate medical professional.
Here is a part of the form letter I received from CPP following no issues or hassles for 7 years:
Your Canada Pension Plan (CPP) disability benefit will continue.
Thank you for speaking with me on May X, 2024. We reviewed your medical
condition(s) and functional limitations. We have determined that you continue to qualify for a CPP disability benefit.
We may review your file again as part of our regular review schedule. If you receive benefits that you are not entitled to receive, you will have to repay them.
We have updated your file with the information you provided.
Interestingly, the Medical Adjudicator is a Registered Nurse employed by Service Canada.
It’s free. I just walked through it, it’s a good tool. I don’t love the new online only application because I used to fill in as much as I could for my doc to lighten the paperwork load but this will give them something handy to refer to when completing it online.