The disability tax credit


#1

Although we are getting the cppd and ltd
Our doctor thinks we will not qualify for the tax credit. Based on the form the doctors have to fill out it seems that a person must almost need help with daily living basics to qualify . Is that really the case , or is the form really designed to discourage people from applying


#2

The disability tax credit is for those who have a significant impairment. http://www.cra-arc.gc.ca/tx/ndvdls/sgmnts/dsblts/mdcl-prcttnr/lgbl-eng.html
There are different ways for which a person can be eligible for the disability tax credit (DTC). The person must meet one of the following criteria:

is blind
is markedly restricted in at least one of the basic activities of daily living
is significantly restricted in two or more or the basic activities of daily living (can include a vision impairment)
needs life-sustaining therapy
In addition, the person’s impairment must meet all of the following:

is prolonged, which means the impairment has lasted, or is expected to last for a continuous period of at least 12 months
is present all or substantially all the time (at least 90% of the time)


#3

Generally speaking the level of disability necessary to qualify for the disability tax credit is higher than what is needed to qualify for CPP disability benefits. That being said, may doctors overestimate the level of disability required to qualify for the Disability tax credit.


#4

David, are you planning on writing a book on the Disability Tax Credit?


#5

Don’t you need any help being on CPP and LTD?


#6

Have a look at the form the doctors are required time fill out , it goes beyond the inability to work.The form asks about being fully blind needing help with elimination etc .


#8

Did you have that backward?
Are there any previous cases where someone with the disability tax credit was denied CPP-D?


#9

Yes, it is in our plans. Likely not until 2018 though.


#10

That is great. I’ve got mine already but it will be nice to read an expert opinion before I apply for an extension.


#11

Hi David,
Does your team assist people with DTC application. I am so thankful for all your help with LTD and CPP D. I was approved for both on my first application, which I attribute to the guidance of this site.

THANK YOU


#12

As of this moment, the answer is no we don’t represent people for the DTC; however, this is something we will likely be adding by the end of 2019.


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.