Deadlines for Filing in Court


#1

Is there a deadline to go to court after being denied CPP Disability? My doctor faxed my appeals papers to the wrong office and they sent everything back to me. This was three years ago. I was devastated and had mental health issues around it all at that time. After much difficulty and courage, med changes and getting better mentally, I am ready to take this on. My physical condition has only deteriorated after they told me it was reasonable to expect I would get better. They were wrong. I am compiling information for a great court case but I fear it might be too late. :frowning:


#2

The CPP-D website says:

You must make your request for reconsideration in writing within 90 days after you are notified in writing of the decision.

Regardless, I would get a free consultation with a disability lawyer.


#3

Is there some kind of government rule that protects themselves from being taken to court? Taking them to court should not be the same thing as appealing. The filing and appealing process times have come and gone.

I have a rewarding and challenging case ahead of me and I am looking for lawyers that want a rewarding and challenging journey as well.

Thank you.


#4

That’s why you should talk to a lawyer.
I think the government does have rules/laws that would make a judge rule against you.
I am not a lawyer and I think you should really call one.


#5

Yes, there is legislation in place that would prevent you from filing a CPP appeal in the regular court system. There is a special court set up to handle these cases (Social Security Tribunal).

In a situation like yours you can just reapply. Make sure to get a copy of your old application and use all the same dates for disability etc, assuming you have not returned to work in the meantime. No reason you can’t start over.


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.