Disability Denied


#1

So my father is chronically ill, with stage 4 COPD, and his doctor asked him to signup for CPP Disability, he filled out all the forms, was recently hospitialized due to a lung infection that made him a prisoner in his own house for a week before finally getting admitted by a Doctor, in which he stayed for 4-5 days. He improved greatly and is seeking help through the COPD clinic in his hometown.

Upon applying for his CPP Disability he was taking in his CPP early because of his health was already declining and thought he wouldn’t make it to retirement age, he is currently 63 years old. He got a response from the Government today and called me right after it happened he was denied CPP Disability due to him already receiving CPP benefits.

I want him to appeal and he will but what can I do to help him get a better chance at this process, his time is limited and hes been working with a severe decreased lung capacity most of his late 55-60’s. I think for a guy whos put in so much into paying for CPP for so long and getting such a kick to the face from our great government(sarcasm).

He will have to continue to work basically until hes dead in his own words. He worked hard all his life as was a refridgeration mechanic, among many other trades throughout his life. Any help on this subject even if I have to pay for a lawyer to get him the comfort he needs to at least enjoy some of his remaining time. He does not want to go to a home, there is no room in the aged living spaces in his area.

Any information to get him to get a better chance at his appeal would be greatly appreciated.


#2

If he has been collecting CPP retirement benefits for over 15 months then he likely can not get approved. You have to apply for CPP disability within the first 15 months of collecting CPP pension–he may seek professionl advice–maybe there is a way.
He should try for the disability tax credit.


#3

Is the tax credit ODSP?


#4

DTC reduces taxes that you pay to CRA. It’s a non-refundable tax credit. You can only use it if you have enough income.

Disability tax credit makes sense if your income is above $20,000. Otherwise you won’t be able to use it.


#5

you can transfer the credit to a spouse or relative that helps you


#6

Sorry for the bad news, but there is a hard rule that you lose eligibility to apply for CPP disability once you have been receiving CPP retirement for more than 15 months. There are no exceptions. He would have had to get the CPP disability application in before the 15th months after he started getting the CPP-R benefits.


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.