When shoud I apply to CPP disability?


#1

Hi,
I have recently been diagnosed with rheumatoid polyarthritis and I am just starting my LTD (As of this post, I have not yet received my first payment), which will last for 2 years. I am wondering when is a good time to apply for CPP disability benefits? Should I wait until after my 2-year LTD runs out or should I apply right away?

I have been off work since 4 Nov. 2016. I cannot stand or sit for long periods. I also have a hard time walking, which is always more difficult the longer I need to walk. I have difficulty with wrist and hand strength which makes it difficult for me to type for long periods or even open jar or carry a plate of food with one hand. Generally, my day-to-day existence has changed drastically. I have difficulties with the most basic tasks of shoe tying or getting dressed.

My medication has recently been switched to the disease modifying type (DMARDS) and although they have greatly helped with reducing the daily pain I felt. The damage already done by this disease has not seemed to improve my ability to function as I did before… at least not at this point. I have only been taking these DMARDS for about 3 weeks.

I hope you can answer this question. If you need more information, just let me know.

Thank you.


#2

As a general rule, I always advise people to apply for CPP as soon as possible. You never want to wait, if you would qualify to get it now. For a bunch of technical reasons, the longer you wait the harder it gets to win a CPP-D case. So, if you are currently disabled to the point where you would be incapable of doing any type of employment (not just your regular job), and your doctor supports this, then you should apply for CPPD.


#3

David,
The Insurance company is probably going to ask them to apply for CPP-D anyways so are you saying to apply before asked?
I’m in a similar situation.

What is the chance the insurance company will deduct CPP-D now even though a person is not getting it yet?


#4

It is now common for insurance companies to estimate and deduct CPP benefits, even though the person is not actually receiving the CPP payments. Over the past year I have seen this happen more and more.


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 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. Answers from lawyer moderators are provided for informational purposes only, you should consult with your own legal counsel before taking any action that could affect your rights or legal obligations.


#5

Do insurance companies do it in the first 2 years?
Is it good practice not to let the insurance company know an appplication for CPP-D is being made?
That is a reason to apply early.

Is there any way to force the insurer not to deduct CPP-D until it is actually being received?


#6

What they can and can’t do with “estimating and deducting” will be spelled out in the insurance policy and usually in the Group Benefits Booklet section on LTD benefits. In many cases the wording is very broad and favourable to the insurance company, so they can estimate and deduct at any time even before 2 years.

In a practical sense, there is no way for you to prevent this from happening, even if they don’t have the right to do it. You can only file complaints after the fact or sue them (assuming they don’t have the right to do it, and usually they do).


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 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. Answers from lawyer moderators are provided for informational purposes only, you should consult with your own legal counsel before taking any action that could affect your rights or legal obligations.


#7

Dear David,
when to apply for CPP disability?

I am currently helping a young woman born in 1980 to apply for CPP disability. She was born with low cognitive functioning. In 2013 she enrolled in a college program (childhood studies) but was not able to obtain the diploma due to her low cognitive functioning. She then was not able to get a job in that field. She was on social assistance from 2013 to the end of 2014. The only work she has been able to get is to work at a fish plant since 2015. She has earned approx 10k per year at the fish plant for 2015, 2016 and 2017. She doesn’t seem able to continue from both her current mental ability and physically at the fish plant.
Since the criteria for CPP disability is to have worked for 4 of the 6 years and she only has 3 of the past 6 years, does that mean that she does not qualify and has to have another year of employment to apply?


#8

She would need to meet the 4 of 6 years, so she would need another year of income of at least $6k or so in 2018, 2019 or 2020. You would really need to establish that she is just not working enough to qualify for CPPD, because that is always there suspicion in a situation where a person works a few years to meet the minimum contributions and then applies. You would need strong medical evidence and ideally more years of trying to work.


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._strong text


#9

I’m not sure what to do; i’m on LTD for just over 2 years. I never applied for CPP disability. Please let me know what my options are as I understand after certain period you are not eligible for CPP disability.


#10

Your LTD has been over 2 years and therefore you haven’t worked 4 of the last 6 years?

Get the free consult:
https://resolutelegal.ca/free-consultation/


#11

Yes. I have been on sick leave for almost two and half years. I didn’t know that there are some restrictions for applying for CPP Disability.


#12

I don’t know enough about the rules.
I think there is a late application provision but I have no idea what the rules around that are.