Should I reapply now after being denied CPP 1 year ago?


#1

Hello, I was denied CPP over a year ago for a back problem (chronic injury) that hasn’t resolved in almost 2 years as of now. The reason for being denied was that my injury hasn’t lasted for a year at that time of applying, but it clearly hasn’t healed a whole lot and I struggle to stand/sit/walk/sleep just as I did before. I don’t think that I took the ‘bare minimum’ approach when I first applied but the reasoning for denial is obvious when applying for a chronic injury within a year of sustaining it.

My question is, should I reapply now, almost 2 years after getting this back problem? Also, will waiting too long to reapply have an effect on my case?

I didn’t appeal my first case because I am a young male who was hoping to make a recovery with my back injury. If anything my health is just worse than before due to lack of exercise.

Any help is greatly appreciated
Thanks,

Ryan


#2

The question is whether you are able to engage in substantial gainful activity. What do you do for living? Can you support yourself inspite of the injury? What are your limitations in that sense?


#3

I have a diploma to practice as a Physical Therapist Assistant but unfortunately I haven’t been able to even consider that as an option since I can’t lift/bend. I can’t stand in one spot for much longer than 15-30mins without sciatica flaring up, I can sit for a few hours at a time on certain chairs/furniture (helps to be distracted/busy) but to reduce the pain I’m frequently laying down. What are you’re thoughts? Give it to me straight, as they would say…


#4

If you are under age 40 it is nearly impossible to win CPP disability benefits unless you have made multiple attempts to remain in the workforce in the easiest possible jobs that you are qualified to do. If it is a situation where you stopped the job you were doing and haven’t tried anything else that would be seen a as lighter duty job or easier job, then it will be very difficult to get your claim approved, even if you are legitimately unable to work.

There is nothing stopping you from making a new application.

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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 reliabile 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.


#5

You can reapply if you have Doctors support. You have to prove that you have been disabled by your minimum qualifying date --To qualify for a CPP disability benefit, you must have contributed to the CPP in:four of the last six years; or three of the last six years if you have contributed for at least 25 years.

You need to prove that you can not meet the basic requirements of any job, even showing up on time and adhering to schedules.

You need to show that you have tried to get better-physio, psych, medication trials and specialists appointments.
Have you gone to the pain clinic.

David is so right on attempts at employment! Lately there are so many claims denied due to failure to attempt work.
You would likely need more than one health care provider saying that you are unfit for any employment and provide reasons why.

How often do you see health care providers and have you been on many trials of medication. Pain also leads to mental health issues–have you seen anyone for that?