On LTd and was refused CPP


#1

Hello,
I have been on LTD (insurance company)) since June 2016. I have post cuncussion syndrome.
Today I have receive a letter from CPP refusing my application because according to the agent my disability is not grave and prolonged according to the Definition of CPP law.
Question: what will happen with my insurance from I surance company? Do they cancel my claim now that according to CPP i should be Ok?
What do I do with the CPP refusal.


#2

Likely your ltd lasts 2 years with the definition of disability being that you’re unable to do your “own” occupation (the job you were doing when you went on ltd) but after 2 years the definition of being disabled changes to being unable to do “any” occupation which you’re qualified for.
Did the insurance company ask you to apply for CPP-D? (edit your original post to say “insurance company”).
You can appeal your CPP-D denial.
Does your doctor think it is a “severe and prolonged injury”, ie. do they disagree with the denial?

If you were asked to apply by the insurance company then you probably need to give them a copy.
It’s probably all specified in your benefit booklet on what to do regarding the insurance company.
How to appeal the Service Canada decision is on their website (I never appealed so I don’t know the process).


#3

Hi and thank for your reply.
I just got the letter of refusal this morning. I was and still am confused. I’have send the letter to the insurance company and will see my doctor next week.
I feel that i’m just in limbo with whole process. I have try to return to work with no success. I was not been asked to try another occupation. All the iinsurance company was contacting me about is if i got an anwer from CPP.
It’s so hard since i always wanted to return to work. I even paid myself for a neurological test and most of my Treatments.


#4

Likely in June 2018 your definition of disability changes. I would seriously use the free consult option and see if Resolute can negotiate with your Insurer to handle your CPP-D appeal.

Realistically can you work another profession and earn over 15-16 K a year. Also do you have a doctor or specialist that says you can not work?

Read some posts on here and go for the consult.


#5

You should feel that way–you are in Limbo Land…and the uncertainty is hard to manage. My best tips for surviving in Limbo Land is to look at practicing mindfulness (can look up on youtube)
Review the worst case scenario–benefits denied, can’t work. Write it all down and the work out a plan from the bottom up.

You are not alone—reach out to your Doctor, a trusted friend, psychologist or support line if it becomes overwhelming. Your plans for your life have taken a significant change because of your health issues. Remember this is just a plot twist–you will get through this.


#6

You should keep appealing Service Canada’ decision to deny your claim for CPP disability. Get more / better medical records and evidence to Service Canada. They may not have all the same information as your LTD insurance company. Service Canada makes the decision based on the paperwork they have about you. They don’t take into account if you are approved for other disability benefits. Same thing goes for the LTD insurers.

The only mistake you can make here is failing to keep appealing all the way to the tribunal hearing. Your LTD insurance policy likely has a clause that requires you to keep appealing. If you fail to keep appealing the LTD insurer may estimate and deduct CPP disability benefit amount, even though you didn’t receive it.


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.


#7

Hello, is there a site that I can download an example of letter to appeal a refusal for Cpp disability. That would help , because I’not sure how to go about the letter.

Thanks


#8

I’m not aware of any sample letters.

Read allyoops comments.
Does your doctor think you will recover?
Refer to specific tests and medical results that support your claim.
Answer the questions why your disability is severe and why it is prolonged by referring to specific pieces of documentation.