Have all other forms of Disability income... what about disability tax credit now?


#1

Long story short… been off work since 2014 due to severe PTSD (first responder). Applied for Disablity Tax Credit in late 2014 and was denied. Left it alone.

Fast forward to now, still off work and just was deemed at MMR (maximum medical recovery) by WSIB and will be receiving a NEL payout and can never work again due to severe and “marked” impairment (class 4 out of a maximum of 5) as identified by an independent psychiatric assessor. I’m in receipt of CPP-D (claim was approved with zero hassle), WSIB (now permanent until age 65), and Great West Life insurance Disability, all since 2014. Employer may be successful in termination (it’s what they do with their injured PTSD employees - they find a way) which will mean Ontario Disability Pension (my own pension with benefits to commence without penalty, which I have no doubt will be approved).

Yet after all this I worry about the DTC!

Question is: My application is now at it’s ‘peak’ in terms of evidence of severe disability and impairment (currently almost housebound and require a team of family support for everyday expectations - took me a month to finally post this for example). Should I have appealed my original application or started this new one submitted a month ago (to which it is pending due to requesting more information from Doctor)?. Have I passed some statute of limitations or deadline I don’t know about? I uploaded what documents I do have supporting this including the independent psychiatric assessment identifying the severity, but should I have my partner upload a personal written testament to the care she provides to keep me functional? Should I attempt to author one and upload that too? And is it the case that the DTC seems to the be the highest threshold for approval (I was approved for everything else easily, I don’t even recall being asked for any additional information whatsoever)?

I’d appreciate reading any similar experiences and hearing from a ResoluteLegal lawyer at their earliest convenience. Thanks in advace, long time reader first time poster!

Billy.


#2

I don’t think there is a time limit to apply.
I also don’t know of reason not to have a new application instead of appealing an old one.
I hope you get it easily this time. :slight_smile:


#3

Hi Billy! :slightly_smiling_face:

The DTC can be tricky to be approved in some cases, particularly based on what they may consider ‘subjective’ reasons which don’t neatly fit the boxes of other more clear-cut ones such as walking/feeding/vision/etc. In other words, as life-changing as PTSD is, it is harder to determine ‘on paper’ than if you became paralyzed in an accident, for example, since it can’t be seen on a lab report or medical imaging. However, you certainly seem to have your ducks in a row in regards to having a good case put forward and the supporting assessments and medical history, and I very much hope you are approved this time without issue!

You would not have been able to appeal your initial denial from 2014 as the time frame to do so has long passed (I believe it is 90 days to file an objection), so you are right in submitting a new one. However, there also isn’t a statute of limitations or other restriction where you have to apply for the DTC within ‘x’ number of years of the start of your disability. It’s to your advantage to apply as soon as possible, of course, which you did do, and were unfortunately denied. But upon being approved, a person’s returns can be adjusted for up to the previous 10 tax years if applicable to give the benefit of the DTC, so within that first 10 years is going to help you.

In your case, as you disability began in 2014 (if you are approved this time, and your doctor has listed it back to 2014 on the T2201 form for you), the CRA will either automatically make an adjustment on your returns back to 2014 to claim the DTC if you have given them permission on your form, or you can request that they make the adjustments through MyReturn online.

Depending on the information they receive, you may be approved until a particular date in the future, in which case you will likely have to follow up with any new and updated medical information at that time. Otherwise, you could be approved indefinitely with no end date if it is determined that your condition is unlikely to change. In either case, if you do happen to improve in the future to the extent that you can return to work, the onus is on you to inform them of it.

There are many reasons that more information could be requested by your doctor - they may need clarification on the start date or certain restrictions you have, it isn’t unusual. As for sending in a POV from your partner/caregiver or yourself, unless the form gave space for, ask for, or mention anything about including this, I wouldn’t. They base their decision on the medical info from your physician, and as much as a letter may describe your situation and the care that is needed, it is not necessary. But if in doubt, have your partner call and ask about whether it would be useful (if they have authorization). It’s something that is more often seen in an appeal.

I don’t know if any of that was useful to you, but I really wish you the best, and am glad you were able to post! :blush:


#4

Thanks for the feedback so far and thanks a lot Nip for the comprehensive response. It certainly did help and shed some light on my chances as well as that I took the right approach. Thanks!


#5

I think you can transfer the DTC to your spouse so maybe look into that if you’re not working when you get it.