Stroke, CPP-D, Delay, denial, appeal, more delays

My husband suffered a severe stroke at the age of 43. He was denied after waiting 7 months. We kept calling to find out the status and were told various different reasons why the decision was taking so long, they didn’t have all the paperwork, we told them we sent it all in via service Canada who confirmed and checked paperwork, suddenly they realized they weren’t waiting for paperwork and the delay was due to waiting for the invoice from the doctor for the medical report, which was never sent because the doctor never requested payment. Then they told us to phone back in 4 weeks as it was in final review for a manager, it seemed in a short period of time they had made a decision and the letter contained typos and wrong dates. It seemed rushed and sloppy. The denial letter said he did not have a severe and prolonged disability and that he only made enough contributions to last until December 31, 2016, but we did fill out the child provision form as our son was born December 29, 2016 and he stayed home to be a full time care giver until he suffered the stroke in April 2018, while I returned to work full time. They never took into consideration the child rearing despite having filled out the form. So, we submitted the reconsideration request pointing out the fact that he was the primary caregiver prior to the end of his contribution- albeit by a few days and that it was a factor they did not take into consideration in their decision. So we then again went to service Canada, had them verify reconsideration paperwork, we had a cover letter asking for the reconsideration stating it was submitted within the 90 day timeframe, the agent even goes as far to write “reconsideration” on the outside mailing envelope and on the cover letter and highlighted in yellow highlighter. Just Received a phone call almost 2 months after submitting reconsideration, the agent was asking if we wanted a reconsideration or if it was a new application because they were confused that we had filled out the new application form, but this form was recently updated from when we applied and provides more detailed information by the applicant. We even included the denial letter and another medical report and carefully organized medical reports with an index page. No wonder it takes so long for decisions, they constantly hold up the process with imaginary mistakes/clarification requests. It was very clear we wanted a reconsideration and now we are almost one year waiting since we originally applied. But only now, after waiting 2 months since submitting reconsideration request, is our file being sent to the “reconsideration team”. It took 2 months for them to try to figure out if it was a new application or reconsideration!!! Is there anything we can do to expedite the process? Like a local MP? I feel we have a strong case for approval but at this rate we are never going to get approved.

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I haven’t heard of any way to make them go faster or be competent. :slight_smile:
My friend also had a stroke and was initially denied but approved after he appealed.
I think his case only took 6 months but that was years ago (they have more applications now).
Best of luck.

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What an ordeal. I am the first person to complain about Service Canada, but this is very unusual. I think you have ran into the perfect storm of incompetence. They are not usually that bad. Ask to speak with the director of the office that his handling your case.

Update: we just received two letters from cpp-d, one to say they received the reconsideration request (2 months after being sent in) and one asking us to withdraw the application (we filled out a new application form because it had been updated since we had originally applied but despite numerous notes indicating reconsideration, they got confused and filed it as a new application), so my question is, will they wait to receive the withdrawal form before they review the reconsideration? And do they now have another 90 days to assess the reconsideration from the date on the confirmation receipt/letter? Also, I wanted to seek an opinion on my husbands eligibility based on cop contributions. The denial letter said that he had made enough contributions until dec 31, 2016 but they couldn’t apply the late provision act because he didn’t have a prolonged and severe disability from this time, but, our son was born December 29, 2016 and he stayed home to care full time for him. Am I correct in interpreting that given the child rearing provision, this should supplement his contributions and would therefore meet the contribution requirement? I know with a stroke we will have an uphill battle proving it is prolonged and severe but it would be nice to know he At least seems to meet the contribution criteria.

Thank you

I would call the CPP-D helpline.
I though there was another forn to specify the child rearing (I never did that part and I don’t remember).
My friend had a stroke and gets CPP-D (he was denied at first).
It probably depends on how severe the stroke was and the medical documentation but it is possible.
Good luck.

Yes you are correct, there is a child rearing provision form which I signed away my rights to my husband for that period of time and also confirms that he did not work in order to stay home full time as a child care provider. It does state that this could be considered to supplement any missing years or low contributions but the way it’s written, it makes it seem like it’s not a guarantee?

Also just to give you an idea of what we wrote in terms of how he was affected by the stroke, he is unable to walk farther then 50 metres without taking a break, is unable to stand for prolonged periods, needs help cutting up his food as he had suffered paralysis on the left side and has since regained mobility but only had 50% use of his affected hand/arm, we still have a psw come on a daily basis as he is unable to get in and out of the shower without assistance and also requires assistance dressing. He suffered from daily chronic pain and fatigue and needs to nap/rest for several hours throughout the day. He also has some challenges cognitively with problem solving and gets distracted easily. He has a difficult time going into a store by himself as he finds the bright lights, noise and crowds very overwhelming and will often come out with something other than what he was supposed to get, he also is not good with money as I have caught cashiers not issuing back the correct amount of change by $10 or more and he doesn’t realize. He wants to work but realistically he would need to try some
Sort of work place training to assist in return to work and even then I can’t see him working for long periods of time, he wouldn’t last very long at all, but in his heart he doesn’t want to accept that he most likely won’t return to work. He really is aware of the things he isn’t aware of.

I would think it’s a pretty sure thing. :slight_smile:

I’m not in charge of CPP-D but it sounds like he was affected pretty severely.
I can’t remember the name of the test he did but it was some cognitive thing related to working. I wish I could remember the name (my mom calls it a “senior moment” when she forgets things but I am not a senior :-(). Oh well.

Hopefully you have a physiotherapist report that that will never get better.
I’m guessing the hard part will be proving it is a “prolonged” condition.
As long as the medical support is there I would be positive.
It might not be easy to get.

After CPP-D, look into the Disability Tax Credit.

Thanks for chatting, it’s so nerve racking waiting to hear from cpp-d, so many thoughts and questions and hopes! We applied and were approved for the disability tax credit, I even included a copy of the application and decision even though I know one isn’t conditional of the other but the comments reflected that even with optimal treatment and rehabilitation, he will never walk normally ever again. Thanks again jammer

Update May 30, 2019: received back reconsideration decision, they only received it 3 weeks ago and already they have sent out a decision, no phone call either. We were denied again stating the same reasons that he did not meet contribution and they can’t apply the late provision act back to December 31, 2016 but there is absolutely no mention of the child rearing provision form once again. I called the call centre and was told that there is not child rearing provision on file and explained to her we had filled it out and submitted both times and had everything checked by the service Canada agent that we sent the documents through. So she went through the file more and could see that it was written into the notes that a child rearing provision form was received and scanned but it didn’t make it to the actual file and was not documented. She said we will still have to apply to the tribunal stage which is so upsetting because they have failed to look st the child rearing provision where our son was born December 29, 2016 and if it were a normal birth perhaps he could’ve returned to work but our son is adopted. We got a call the day he was born and we were blind sided so we said yes but knew both of us would have to stay home to go through the process, we had to attend classes for 10 weeks and went through a very lengthy and time consuming process where Jim could not have worked, He stayed home to continue to care for our son and I returned to work. I can’t believe because of there mistake we are paying.

That is really bad.
I am so sorry this happened to you.

I don’t know that that is the only way to fix it.
I would get the free consult and ask a lawyer.
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