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What should I know about appealing a Canada Pension Plan disability denial?

What kind of evidence helps with winning a CPP disability appeal?

Any evidence that demonstrates the severity and consequences of an applicant’s disability should be presented during the appeal. This includes evidence that supports:

  • A medical condition that causes severe impairments, limitations or restrictions
  • A medical condition that prohibits part-time or full-time employment
  • Claims that additional referrals to specialists or treatment is unlikely to result in further recovery
  • Further treatment is unlikely to improve recovery to a point where returning to work is possible

Doctors’ reports, physiotherapist evaluations, receipts or notes from individuals who have performed work on your behalf due to your disability, proof that you have made reasonable attempts to gain employment despite your disability, and other evidence of your willingness to improve their situation may help in an appeal.

This evidence will be gathered by your lawyer with your cooperation to ensure that the best case is built and put forward on your behalf.

What are the deadlines for appealing CPP disability benefits denials?

An applicant who has been denied CPP disability benefits at the initial level, at reconsideration, or at the General Division of the Social Security Tribunal has 90 days to appeal from the date they received their CPP reconsideration denial letter.

Appeals filed after the 90-day deadline may be accepted by the tribunal if they are filed less than one year after the reconsideration letter was received and adequate reasons for the delay are provided. Your Notice of Appeal must address the following:

  1. Is there a reasonable explanation as to why you delayed filing your appeal?
  2. Can you show that you always intended to file an appeal?
  3. Is there an arguable case in support of your appeal?
  4. Will the delay adversely affect anyone involved in the proceeding?

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MacGillivray Law is a personal injury law firm with offices in Nova Scotia, New Brunswick, and Newfoundland and Labrador. We serve clients all across Canada.

If you cannot travel to one of our offices, we will accommodate your circumstances and travel needs. We can provide a consultation by phone, Zoom, or FaceTime, or travel to meet you in your home when required.

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