How far back will Canada Pension Plan for Disability go with regard to retro active payments? After a long battle of appeals, my case is finally being approved…after almost four exhausting years. Is there a cap on back payment?
Yes, there is a cap. At the maximum it would start 12 months back from the date your CPP application was stamped received by Service Canada. It would then continue forward to the month before they activate your monthly payments.
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.
Thank you David Brannen,
If I understand you correctly…in my case and since this has been going on over 4 years, I would likely be looking at a retro active payment spanning those 4 years as well as possibly, a back payment of up to maximum 12 months BEFORE my application was received…as I was already disabled and on a disability plan through former employment back then. Is this accurate?
Did you sign any forms to send the back payment directly to the insurance company?
If you get the money then you’ll probably owe all/most of it to the insurance company.
Dear Jammer,
Thanks…I don’t recall signing any particular forms regarding reimbursement but it is a long time ago and I may be mistaken. My 2 year and 4 month disability plan through former employment ended in Dec. 2013 and, prior to me applying for CCPD which was received to Service Canada in March 2014. How does this affect things?
What do you mean “ended”?
Legally, according to your policy?
I’m not a lawyer, you should get the free consult:
Yes, but it all depends on when the Service Canada cites as your disability date for their purposes. It is possible that they could say you became disabled sometime after your application, so in those cases you can’t go by the application date. It would be the date they say disability started, plus four month waiting period and then your benefits would start. Bottom line is you need to wait and see.
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.