Suing for missed deadline

My last CPP contributions were 2017 when I became ill.
I have been through EI sickness benefits, short term disability (ended May 2018) and now am on LTD (June 2018) with my change of definition due June 2020.

I checked today and while my CPP-D application says in progress (received November 2019), it also states on the benefit estimations page that I did not make the deadline of 4 of the 6 years for contribution.

  1. will the child provision and late provision correct this?
  2. if not and since my disability insurer directed me to apply in October 2019 (and not before) can I include these missed pension benefits when I also sue my disability insurer for termination of LTD benefits? (because they did not direct me to apply within the deadline time)

I think so.

Interesting question
My policy says I must apply for other benefits so I kinda think the insurance company would not be responsible to remind people.
I’m not a lawyer though.

Just my opinion but I think if a person has a condition that is likely not to lead to a return to work then should apply for CPPD on their own.

I believe my policy says I need to apply for other benefits when the disability insurance company tells me to - hence why they sent me the CPP-D application.

Although, I have noted that any prior LTD applicants (at least 6 that I know of) on my plan received their CPP-D applications on their transition date from short term to long term - which should have been May/June 2018 for me. In fact, not one prior applicant had their LTD challenged with a change of definition like I have had.

This could be possible in the right case and set of facts. Would depend on your policy wording. Would be a novel legal argument. I would be interested to look this over but would need to see your group benefits booklet to see the wording.

David Brannen

Disability Lawyer with Resolute Legal

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Would I ask for my employee booklet or the Master Policy? (I read that phrase on a few sites when contemplating legal action but am unsure my insurer would give it out to me and not a lawyer)

You should always just ask for the group benefits booklet that is given out to employees. That explains all of the benefits. They don’t give out the master policy unless you are in active litigation.