I started receiving CPP pension Feb 2015.
I had a work related accident Feb 2016 and have not been able to work since then.
I got a paper copy of the CPP Disability application form at Service Canada which does NOT include any info re: the 15 month cutoff.
I sent my application Nov 2016 and have been denied twice. But they keep saying I can appeal their decision?
I have one chance left. What to do???
thanks
msg
appeal within the time limits-try a legal consult-this would be your last chance
I believe the 15-month rule is very strict. They don’t make exceptions and I don’t think the legislation gives any discretion. They have to tell everyone they have a right to appeal. Unless a person can show that they did file within 15 months but perhaps Service Canada received it later or dated it later, then maybe you would have a chance. If you filed it after 15 months I don’t think there is any chance.
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.
Hi msg - The 15-month limit is a bit of a “red herring” in your case, because even if you had applied on the date of your accident it would have been too late. And even if your accident had occurred in March 2015 and you had applied immediately, it would have been too late. You cannot replace a CPP retirement pension with a disability pension unless your disability existed before you started receiving your CPP retirement pension.
The reason that they often use the 15-month limit in the denial letter is that even if you were disabled prior to receiving your CPP retirement pension, if you apply more than 15 months after that date the legislation doesn’t allow the disability onset date to be determined more that 15 months prior to the application date. It’s therefore easier to deny you for being too late, than to attempt to make any determination as to if/when you truly became disabled.
This whole situation is expected to change in 2019, if the Liberals pass the proposed legislation that allows for some kind of CPP payment if you become disabled after you start receiving your CPP retirement pension but before you turn age 65.
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Wouldn’t this be a WSIB claim?
What’s WSIB?
My Secret Garden
Workplace Safety and Insurance Board in Ontario.
I know BC has one (named differently) and probably other provinces.
I think they cover injuries at work caused by unsafe work.