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CPP Disability Claims

If you are seeking assistance with CPP claims in Alberta and Saskatchewan, Ludwar Law Firm is here to provide expert guidance. Our firm regularly assists clients navigating Canada Pension Plan (CPP) disability claims and private long-term disability insurance (LTD) claims. While clients may present with similar injuries and disabilities, it is essential to recognize that there are distinct differences in how these claims must be managed. The two primary distinctions include:

    When assessing your employability, the Canadian Pension Plan (CPP) does not factor in your prior training, education, or professional experience. Conversely, with private Long-Term Disability (LTD) insurance, eligibility for benefits hinges on your ability to perform the job you previously held. The criteria for LTD qualification revolve around your capacity to engage in a "reasonable" occupation, considering your vocational background.

    Unlike LTD assessments, CPP evaluations solely focus on determining your ability to obtain any "substantially gainful occupation." This means that even if you were previously employed in a professional or highly skilled trade position but can now only work in a different capacity, such as in a fast-food restaurant, CPP may still consider you gainfully employed. Furthermore, CPP eligibility is contingent on your ability to secure employment within your current locality; if you can obtain work in another city but not in your current area, you may not qualify for CPP benefits.
    The Canadian Pension Plan (CPP) mandates that a disability be "long-continued and of indefinite duration" to qualify for benefits. For instance, if a medical professional anticipates that a coma will last for a year but expects recovery after that, CPP may not deem the disability as prolonged and indeterminate. Conversely, in private Long-Term Disability (LTD) claims, individuals may receive compensation for the duration they cannot work, even if they later recover or return to work during the claims process.

    This distinction underscores a key difference between CPP and private LTD claims. While LTD benefits may be granted for the period of disability, regardless of subsequent recovery or return to work, CPP benefits are contingent upon the disability being of a prolonged and indefinite nature. Understanding these nuances is crucial when navigating disability claims and seeking appropriate compensation for lost income and medical expenses.

Appealing Disability Benefits Denials

Despite the challenges associated with obtaining CPP Disability benefits, many individuals do qualify for assistance. At Ludwar Law Firm, we specialize in handling appeals of denied CPP claims in Calgary, Regina, and the surrounding areas of Alberta and Saskatchewan. If you have received a denial of benefits, our experienced lawyers will diligently investigate the reasons behind the decision and provide comprehensive support throughout the appeals process. Filing an appeal within the 90-day timeframe following a denial is crucial, as while the process may be lengthy, it offers the opportunity to secure the benefits you rightfully deserve.

Throughout the appeals process, it is essential to demonstrate sincere efforts to explore employment opportunities or return to the workforce. Unsuccessful attempts to reenter the job market serve as compelling evidence of the impact of your disability on your ability to work.

Contact us today for professional assistance with your CPP claims. Our dedicated team is committed to advocating for your rights and ensuring you receive the support and benefits you are entitled to under CPP Disability regulations.


Some FAQs Related to CPP Disability Benefits

There are a lot of questions you may have regarding CPP disability benefits. Our team has compiled some of the common ones for your convenience:

If you still have questions about CPP claims in Alberta and Saskatchewan, you can contact us today.

  • What Exactly Is CPP Disability?

    If you have made contributions to the Canada Pension Plan (CPP) throughout your working years, you have the opportunity to claim disability benefits if you find yourself unable to continue working due to injury or disability. This valuable program provides financial assistance to individuals facing physical or mental impairments that significantly limit their ability to engage in gainful employment. By accessing CPP disability benefits, eligible recipients receive vital financial support to help cover essential living expenses and medical costs, alleviating the financial strain associated with their disability.

    CPP disability benefits are not limited by age and can provide ongoing support until the recipient reaches the age of 65. This extended period of coverage ensures that individuals with long-term disabilities have access to sustained financial assistance, offering a measure of stability and security as they navigate the challenges posed by their condition. Whether the disability is temporary or permanent, CPP disability benefits offer a lifeline to individuals grappling with the financial implications of their impairment, helping to maintain their quality of life and dignity throughout their journey.

  • Are CPP Claims Taxable?

    Yes, income received from Canada Pension Plan (CPP) disability benefits is subject to taxation, it's important to understand the nuances of this process. Despite the fact that CPP disability benefits are taxable, recipients must still file annual tax returns to report their income accurately. However, the tax implications of CPP disability benefits can vary depending on individual circumstances and other sources of income.

    When filing taxes, individuals receiving CPP disability benefits must ensure they accurately report this income, as failure to do so could result in penalties or other consequences. Understanding how CPP disability benefits factor into one's overall tax liability is crucial for effective financial planning and compliance with tax regulations. Seeking guidance from a qualified tax professional or financial advisor can provide valuable insight into the tax implications of CPP disability benefits and help recipients confidently navigate the complexities of tax filing.

  • How Long Will It Take for My CPP Claims to Be Approved?

    Once you've submitted a request for Canada Pension Plan (CPP) disability benefits, you can typically expect to receive a response within 6 months. During this period, the CPP authorities will review your application thoroughly, assessing factors such as medical documentation, employment history, and other pertinent information to determine your eligibility for benefits. Following this evaluation, you will be notified of the outcome of your application.
    Upon receiving a decision, there are two possible outcomes: you may either receive notification that your application has been approved, indicating that you will soon begin receiving CPP disability payments, or you may be informed that your application has been denied. In the event of a denial, you have the option to file an appeal. This process involves requesting a reconsideration of your application and providing additional evidence or documentation to support your claim. Successfully navigating the appeals process requires careful attention to detail and may involve seeking assistance from legal professionals or advocacy organizations specializing in CPP disability claims.

  • How Will I Receive My CPP Benefits?

    Once your Canada Pension Plan (CPP) disability benefits application has been approved, you can expect to receive your payments through direct deposit into your bank account or by mail, depending on your indicated preferences when completing the application form. Typically, CPP disability benefits are disbursed in the last week of each month, providing recipients with financial support to cover essential expenses and medical costs associated with their disability. Direct deposit offers the convenience of immediate access to funds, ensuring timely receipt of benefits without waiting for a physical cheque to arrive in the mail. Alternatively, if you opt to receive payments by mail, you can anticipate receiving a cheque delivered to your designated address. Regardless of the payment method chosen, CPP disability benefits serve as a crucial lifeline for individuals coping with the financial challenges of disability, providing stability and support to help maintain their quality of life.

  • Am I Eligible for CPP Claims If I Have Never Worked?

    You will not be eligible to claim CPP benefits if you have not contributed to the Canada Pension Plan (CPP) through employment or self-employment. CPP benefits are designed to provide financial support to individuals who have made contributions to the plan throughout their working years, with eligibility based on a minimum number of years of contributions. Without a history of contributions to CPP, you do not have an established entitlement to benefits under the plan. However, it's essential to explore other potential sources of financial assistance or support programs that may be available to individuals who do not qualify for CPP benefits, ensuring you have access to the resources you need to address your financial needs and circumstances.

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