Canadian Pension Plan Disability Lawyer
You have 90 days to appeal, we’ll make it count.
Claims are often denied initially, even when applicants clearly cannot work. We help clients navigate the appeals process.
- Applied for CPP disability benefits and received a denial?
- Dealing with a complex medical condition that prevents you from working?
- Facing an appeal deadline and unsure how to proceed?
Our CPP Disability lawyers have navigated both sides of disability claims, including CPP disability appeals.
What Is CPP Long-Term Disability?
CPP long-term disability is a monthly benefit provided through the Canada Pension Plan to individuals who have made sufficient contributions and are unable to work due to a severe and prolonged disability.
To qualify for CPP disability benefits, you must meet specific criteria:
Your medical condition prevents you from working at any job on a regular basis
Your disability is expected to last for a long time or result in death
You have contributed to the Canada Pension Plan for a minimum period
You must be under 65 when you apply
The Canada Pension Plan disability program uses a stricter definition than many private insurance policies. While your employer’s group disability policy may cover you if you cannot perform your own occupation, CPP disability requires that you be unable to work at any occupation.
CPP Disability vs. Private Disability Insurance
If you receive CPP disability payments, your private insurer will typically deduct that amount from your monthly benefit. This is why it’s important to coordinate both claims.
Private Long-Term Disability Insurance:
- Typically covers “own occupation” for the first two years
- Then switches to “any occupation” after 24 months
- Benefit amount is based on your salary (usually 60-70%)
CPP Long-Term
Disability:
- Always uses “any occupation” definition from the start
- Fixed monthly benefit amount set by the government
- Requires sufficient CPP contributions to qualify
CPP Disability Claims & Applications Process
If you haven’t yet applied for the CPP disability benefit, you will be responsible for completing the application. The majority of individuals are able to complete the CPP disability application without the assistance of a lawyer. The process includes the following steps:
The Initial Application
01
Gather Medical Evidence
You need to obtain comprehensive medical documentation that demonstrates:
- Your diagnosis and prognosis
- How your medical condition limits your daily activities
- Why you cannot work at any job
- Treatment history and current treatment plan
02
Complete Your Application
The application requires:
- Personal information and CPP contribution history
- Detailed description of your disability and limitations
- Authorisation for Service Canada to obtain medical records
- Statement from your employer (if applicable)
03
Submit to Service Canada
Once submitted, Service Canada reviews your disability benefits application and requests additional information if needed. The review process can take several months.
What Happens After a Denial
When your claim is denied, you can request a reconsideration. The appeal process has three levels
First Level
Reconsideration
- You have 90 days from the denial to request a reconsideration.
- Service Canada reviews your file again, considering any new medical evidence or arguments.
- You can do this yourself, but most people hire a lawyer at this stage to help prepare a stronger submission that addresses why Service Canada denied the claim.
Second Level
Social Security Tribunal
- If reconsideration doesn’t work, you can appeal to the General Division of the Social Security Tribunal
- This involves a hearing where your case is presented
- Legal representation at this stage means someone prepares your submission, gathers additional medical evidence, and represents you at the hearing
Third Level
Appeal Division
- If the Tribunal denies your appeal, there’s one more level: the Appeal Division
- This level only accepts appeals on specific legal grounds
- A lawyer can assess whether your case qualifies and handle the appeal if it does
CPP Disability Appeals & Denials
Many denials are based on Service Canada’s interpretation of your medical evidence rather than clear-cut disqualification.
Common Reasons for Denial of CPP Disability Claims
These are often denied for the following reasons:
Insufficient medical evidence:
Service Canada determines your medical records don’t prove a severe disability
Condition not prolonged:
They believe your disability is temporary or treatable
Capacity to work:
They conclude you can work at some type of job, even if not your previous occupation
Contribution requirements:
You haven’t contributed to the Canada Pension Plan for the minimum qualifying period (typically four of the last six years, or three of the last six years if you have contributed for at least 25 years)
We Handle Appeals Only
Not Initial Applications
If your claim was denied, we can help. If you haven’t applied yet, we encourage you to start the application process yourself.
You can apply for CPP disability yourself.
The forms are available online through Service Canada, and the process is straightforward if you have your medical records organised.
We step in after a denial.
That’s when legal representation makes a difference—when you need to challenge Service Canada’s decision and present your case strategically at the appeals stage.
Timeline and Deadlines Are Strict
After submitting a request for Canada Pension Plan (CPP) disability benefits, you can typically expect a response within 6 months.
The claims process has firm deadlines:
90 days
to request reconsideration after denial
365 days
to appeal to the Social Security Tribunal
60 days
to request leave to appeal to the Appeal Division
Missing these deadlines can result
in losing your right to appeal.
Ready to appeal your CPP disability denial?
is 97%.*
*Our lawyers have handled over 1,000 disability claims with a 97% success rate in private insurance litigation. We bring this same experience to CPP disability appeals. Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances. CPP disability claims have stricter qualification requirements than private insurance claims.
Why Choose Ludwar Law
With 50+ years of combined experience in disability litigation, we’ve handled hundreds of CPP disability appeals.
Our team brings a unique perspective to Canada Pension Plan disability appeals.
James has spent 30 years building hundreds of successful disability cases for individuals whose benefits were denied or terminated.
Mark brings 19 years of experience as former Senior Counsel for a major insurer; the same role that reviews claims and makes the coverage decisions you are now challenging.
Together, this allows us to:
- Anticipate how Service Canada will interpret your medical records
- Identify weaknesses in your evidence before they become issues
- Present your case using the framework decision-makers apply
- Recognize insurer tactics and counter them effectively
Coordination with Private Disability Claims
Many people don’t realize they need to coordinate CPP with their private insurance claim. We handle both.
CPP payments reduce your private benefits
Insurers deduct CPP from monthly payments
Timing affects your total recovery
When you apply and when you win impacts both claims
Tax implications vary
CPP is taxable income that must be reported accurately
Success in one can affect the other
Strategic handling prevents problems
If you have both a private claim and CPP denial, contact us to discuss strategy.
FAQs
What qualifies for CPP long-term disability?
To qualify for CPP long term disability, you must have a severe and prolonged disability that prevents you from working at any job on a regular basis. You also need sufficient contributions to the Canada Pension Plan. The Minimum Qualifying Period (MQP) is typically four of the last six years, or three of the last six years if you have contributed for at least 25 years. CPP disability benefits can provide ongoing support until age 65, when they transition to pension plan retirement benefits.
Why are CPP disability claims denied?
These claims are often denied because Service Canada determines your medical condition is not severe enough to prevent all work, your disability is not prolonged, or you haven’t made sufficient CPP contributions. Many denials are based on how Service Canada interprets your medical evidence.
How long does a CPP disability appeal take?
A reconsideration typically takes 4-6 months. An appeal to the Social Security Tribunal can take 12-18 months or longer, depending on the complexity of your case and the Tribunal’s scheduling.
Do I need a CPP disability lawyer for an appeal?
You are not required to have a lawyer for an appeal. However, legal representation can improve your chances of a successful outcome. A CPP disability appeal lawyer understands what evidence the Tribunal requires and how to present your case effectively.
How much does a CPP disability lawyer cost?
We work on contingency. You don’t pay legal fees upfront. We get paid when you receive benefits. If we don’t obtain benefits for you, you don’t pay our legal fees.
Can I apply for CPP disability and private disability at the same time?
Yes. You can pursue CPP disability benefits while also claiming private disability insurance. Once your CPP disability benefits application has been approved, you can expect to receive your payments through direct deposit or by mail. CPP disability benefits are typically distributed during the last week of each month. However, CPP benefits will be deducted from your private insurance benefits, so timing and strategy matter.
What is the difference between CPP disability and AISH?
CPP disability is a federal program through the Canada Pension Plan based on your contributions. CPP disability benefits are subject to taxation, and recipients must file annual tax returns to report their income accurately. AISH (Assured Income for the Severely Handicapped) is an Alberta provincial program for low-income individuals with severe disabilities. They have different eligibility requirements, benefit amounts, and application processes.
Next Steps
Your CPP disability claim was denied. That decision isn't final.
We have the experience to help you navigate the process, contact us today.
We’ll review your denial, explain your options, and determine how we can assist. We respond to all inquiries within the same business day.
Calgary-based. Serving clients throughout Alberta & Saskatchewan
