[This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]

The Canada Pension Plan (CPP) disability benefit is a taxable monthly payment that is available to people who have contributed to the CPP while working and who are not able to work regularly at any job because of a disability.

Frequently Asked Questions Regarding Canada Pension Plan Benefits

1. Who is eligible for the CPP disability benefit?

To qualify for a CPP disability benefit, you must:

• have a severe and prolongeddisability
• be under the age of 65*[1]
• meet the CPP contribution requirements.

2. What is a severe and prolonged disability for the purposes of the CPP disability benefit?

To be eligible for a CPP disability benefit, you must have a severe and prolonged medical condition. What is important is how the medical condition and its treatment affect your ability to work at any job on a regular basis. Your condition must be expected to last at least one year or be likely to result in death.

3. What are the CPP contribution requirements?

To qualify for a CPP disability benefit, you must have contributed to the CPP while at work in:

• four of the last six years, or
• three of the last six years if you have contributed for at least 25 years.

However, there are certain provisions that may help you qualify for CPP disability benefits, even if you fail to meet these requirements. For example, you may be eligible if you stayed at home and raised children, if you applied too late for CPP disability benefits, if you are separated or divorced, if you lived and worked in another country, or if you were physically or mentally unable to apply for CPP disability at a specific time. You can obtain more information on these provision on the Service Canada website, by calling your nearest Service Canada centre, or by seeking legal advice.

4. When and how can you apply for CPP disability benefit?

You should apply as soon as you develop a severe and prolonged or terminal medical condition that prevents you from working regularly at any job.

You must apply for CPP disability in writing by printing out the main application form (ISP 1151), the consent forms, and any other necessary forms that can be found on the Service Canada website or at one of the Service Canada centers near you. Fill out the necessary forms and mail them to the nearest Service Canada office.

5. If the claim for CPP disability benefits is denied, what can you do?

If you disagree with the decision regarding your CPP disability application, you may request a reconsideration of the decision. A reconsideration is a new review of your application by Service Canada.

You must make your request for reconsideration in writing within 90 days after you are notified in writing of the decision. Your written request for reconsideration should be mailed to the return address on the decision letter.

Prepare your written request for reconsideration and include:

• your name, address, telephone number, and Social Insurance Number;
• a detailed explanation of why you want a reconsideration; and
• any new information that could affect the decision including any new medicals information or documents.

If you are still dissatisfied with the reconsideration decision, you can appeal to the Social Security Tribunal.

6. What if you are receiving a disability income from another source?

If you are receiving disability income from other sources, such as a private insurer or a provincial social assistance program, you may still be eligible to receive the CPP disability benefit. However, these other sources may adjust their payments if you are approved for a CPP disability benefit. For example, if you are receiving monthly Long Term Disability (LTD) benefits from your private insurer, once you are approved for CPP disability, your private insurer will reduce the amount of monthly LTD benefits you are entitled to by the amount you are now receiving under CPP disability. 

We are here to help navigate the CPP disability application and appeal process.  Consult one of our experienced Disability lawyers at Raven, Cameron, Ballantyne and Yazbeck LLP if you are considering making a claim for CPP disability benefits or if your claim for benefits has been denied. 

* If you are aged 60 to 64 and you think you might qualify for a CPP disability benefit, you may also want to apply for a CPP retirement pension. While you cannot receive both at the same time, you may qualify to begin receiving a retirement pension while you wait for your CPP disability benefit application to be assessed, which usually takes longer.

On April 7, 2016, James Cameron presented on “When Mental Health Interferes with Work, What You Need to Know”, an Infobytes session presented by the Association of Professional Executives of the Public Service of Canada (“APEX”). Together with registered psychologist, Dr. Ron Seatter, James spoke on the legal and medical issues that arise when mental health issues interfere with work. The session included information on rights, entitlement, time limits, coverage and sick leave, from a legal perspective. The presentation also addressed information on what types of issues might result in a need to see a psychologist versus a psychiatrist, paperwork and/or reports which might be required, what happens if an insurer denies a claim, appeal rights, and what kind of expert evidence might be required if a dispute goes to court.

On March 28, 2016, Morgan Rowe spoke about disability rights and her book, Exploring Disability Identity and Disability Rights Through Narratives, on Disability Beat. Disability Beat is a radio program about and for people with disabilities, emphasizing social justice, community supports, inclusion and accessibility.

The program is available to listen to here.

In a decision rendered on January 25, 2016, adjudicator Linda Gobeil of the Public Service Labour Relations Board concluded that the Parole Board of Canada failed to accommodate a grievor suffering from “emotional stress” in a manner consistent with the requirements of Canadian Human Rights Act.

The adjudicator found that the emotional stress suffered by the employee as a result of her proximity to a particular co-worker amounted to a disability that triggered the employer’s duty to provide reasonable accommodation. The employer was ordered to find workspace for the grievor in another building and to compensate her for lost wages and benefits during the relevant time frame.

The grievor was represented by Kim Patenaude of RavenLaw, who told the Ottawa Citizen that the Adjudicator’s decision “has the potential to broaden an employer’s responsibility to provide accommodation” and is a win for employees with disabilities, especially those with mental health concerns.  For more information, click here.

On November 30, 2015, in Attorney General of Canada v PSAC, 2015 FCA 273, the Federal Court of Appeal dismissed the Government’s appeal of the decision of the Federal Court rendered last year. The case dealt with Part XX of the Canada Occupational Health and Safety Regulations, which imposes a host of obligations on employers to prevent and respond to workplace violence. The Court’s decision affirmed the broad definition of workplace violence under the Regulations, and the mandatory obligations on employers to appoint an impartial person to investigate employee complaints.

The Court of Appeal adopted the approach of the Federal Court judge, and held that an employer does not have unfettered discretion to determine whether a workplace violence complaint warrants an independent investigation: “I agree with the Respondent that allowing the employers to conduct their own investigations into complaints of work place violence and to reach their own determination as to whether such complaints deserve to be investigated by a competent person would make a mockery of the regulatory scheme and effectively nullify the employees’ right to an impartial investigation of their complaints with a view to preventing further instances of violence.”

The Court found that employers can only decline to appoint a competent person to investigate if it is plain and obvious that the complaint does not raise allegations of workplace violence on its face. The Court emphasized that the “employer has very little discretion in this respect.” This judgment affirms the right of employees to an impartial investigation when they experience psychological harassment or other forms of violence in the workplace.

The appeal was argued by Andrew Raven of RavenLaw. You can read about the Federal Court decision about the case in our blog.