CPP Disability Claims Advocacy Clinic




by Allison Schmidt 10 February 2016 18:36

Please read this story - I cannot wait to see the film




CAUTION - Notice of Readiness Form - CAUTION

by Allison Schmidt 10 February 2016 16:08

If your appeal is at the Social Security Tribunal and you are currently waiting for a hearing - you would have likely received a Notice of Readiness form in the mail. 

Please read this article carefully.

In December 2015, the Social Security Tribunal, decided that they were going to implement the regulations concerning the Notice of Readiness process.  If you have filed an appeal and received an acknowledgment from the Tribunal, you will receive a Notice of Readiness form.

This form will be located in the letter you receive from the Tribunal outlining your next steps in the appeal process.

 It says in the letter  that all parties to the appeal are allowed one year to send to the Tribunal any documents they want the Tribunal to consider.  And they will give you a date in which this 365 day period ends.

However, you are given the option, that if you do not need the one year and want the Tribunal to decide the appeal sooner, you can complete the Notice of Readiness form and send it to the Tribunal.

What is the Social Security Tribunal Notice of Readiness Form?

Well it is a document that is named Notice of Readiness:  Form for the Appellant

This form is very important - as once you complete this form and return it to the Social Security Tribunal  it means that you are stating that there are no more documents you wish to file in support of your appeal.

I know that many people will be keen to get the Appeal heard - and a Tribunal date - but it is a very bad mistake to sign this form without consulting an expert to ensure that you are indeed ready to proceed.  In fact, it is a very big mistake to send this form in before your case is reviewed and your appeal is managed.

If you sign this form it says that you have nothing further to add to your file. 

Sending the Notice of Readiness Form without consulting an expert is a mistake

This is my opinion.  Many people believe that they have submitted what is needed in order to support their Canada Pension Plan disability application - many people assume that because your doctor says your disabled - and because you are disabled - that you will qualify.  Well the recent news stories and the Auditor General's report has unfortunately highlighted that this is probably not the case.  Many people think that they have submitted all that they need to be successful -but in my experience - this is most often not the case.  Many people assume their doctors have submitted what they need, or think that CPP disability have collected what they need - but no. 

Most people have no understanding of the Minimum Qualifying Period or how that impacts an appeal.  There are so many reasons not to sign this form without expert consultation. 

If you sign a Notice of Readiness Form without consultation you could be preventing the opportunity to prepare your for your appeal.  And I like to follow the five p's - Prior Preparation Prevents Piss Poor Performance  (excuse my language).

So don't sign it without knowing for certain that you are prepared and that you have at least had someone look over your case as once you have signed it - well you may have difficulty submitting any more documents that could be critical to your appeal.

Think of it this way - if you have got the Notice of Readiness Form  - and signed it - and then you are diagnosed with another condition or perhaps you have more medical testing - who knows - but these may not be allowed to be submitted in order to support your appeal.

The last kick at the can

If you are a follower of this blog, you will know that the SST General Division appeal is pretty much the last opportunity you will have to submit information in order to support your appeal and it is your best shot to being successful and securing your disability benefits.  If you are denied at the General Division you cannot submit new documents on appeal - see why the you have to be so careful with the Notice of Readiness Form?

Some suggestions to follow

I would review the blog here to learn information about Canada Pension Plan and how to prepare your appeal.  I would make sure that you review all of the information in your file and ensure that all the documents are in there.  I would certainly wait until you receive The Minister's submission as to why they feel you are not entitled to Canada Pension Plan disability - and then review that to see what they find deficient in your case - at least make sure you prepare to respond to that. 

I would review the medical information and make sure that you have submitted everything before the time of the Minimum Qualifying Period and continuously to present.  I would make sure that your doctors have written letters of support - recent letters of support.

I cannot say it enough but I would make sure I had a professional expert review your file to ensure that your appeal documents are ready to go.  Do not leave this to an untrained person - it is a bad foolish thing to do.

Please contact me for further information - I am always happy to help.  We are currently evolving here at DCAC again - and have exciting changes to announce shortly.





Wow its been quite a week

by Allison Schmidt 05 February 2016 09:17



Here is a copy of the Auditor Generals report on CPP disability.


It has been such a busy week and I have many things to blog about - but my time is short.

Thank you for all of your support and kind words and messages that I have received over this week.  I will write more soon to give you an overview of what has been happening. 

Take care - Allison

Rants, Road blocks & Rubberstamps

by Allison Schmidt 29 October 2015 10:17

It has been quite a long while since I have been sufficiently annoyed to write a blog entry.

For the most part, since then Minister Kenney pledged to eliminate the backlog at the SST, my year has been spent running from one end of the country to the other, working with clients whose appeals had finally been scheduled.

There were a large number of clients whose files were settled by Canada Pension Plan prior to the hearing.  But for those who did have to attend the Tribunal, I will say that they have been very well managed and the Tribunal Members have really been great ensuring the client has had a very good hearing experience.  Each Member has a differnt style, some more relaxed than others, but the clients had all left the hearings feeling a lot more positive than how they felt going in.  The clients are nervous and I have found the Members do their best to put the client at ease.  At least this is my experience and perspective.

I understand that the Tribunal are very close to completing all of the legacy files that had come over from the old Review Tribunal.  They have really worked hard - and whilst what happened to many clients caught up in the back log mess was very discouraging and frankly just bad - I do want to tip my hat to the staff of the SST.  They seem to be hitting their stride and almost remind me of the Tribunal of days gone by. 

Now let me speak of the road blocks and rubber stamps......

I have always maintained that if CPP disability actually adjudicated the applications they received utilizing the CPP disability adjudication framework - they would not have the large denial rates they seem to maintain year after year.  The Tribunal at one point, said that they had overturned and allowed more than 50% of the appeals they heard - which means that CPP disability - or the government - had got it wrong 50% of the time.

I cannot tell you how these denials so negatively impact the clients - they go without medication - they cannot afford their bills - their families suffer - the doctors getting pissed off because CPP disability do not listen - and it is just negative overall - not to mention how the clients become sicker due to the finanical stress they are put under.

I received a denial letter from CPP disability yesterday - the client had requested a reconsideration of the initial decision on September 4th advising CPP they there was additional information that the client was planning to submit to support his appeal - and today I got a copy of another denial letter dated October 22nd, 2015 denying him again.  THEY DID NOT WAIT FOR ANY INFORMATION THAT THE CLIENT WANTED TO SUBMIT.  FP Winnipeg.

I have sent letters to the CPP Medical Adjudicators - those particularly in CPP Chatham - and advised them that the client was waiting for a copy of their CPP disability file to come from Privacy so that they could prepare their appeal - and to please wait until they have had the opportunity to review this and submit additional infomration - ONLY TO BE DENIED WITHOUT ANY CONSULTATION.

That my friends is RUBBER STAMPING by Canada Pension Plan disability. 

If this rubber stamping did not occur, then the SST would not have such a large number of appeals being received each year. 




Bad time to pick a fight

by Allison Schmidt 08 September 2015 09:02

It has been a while.  I have been very busy.  As you know the mandate came down from then Minister Kenney to wipe out the SST backlog.  The SST has been working hard to put the Tribunal on a more stable footing.

Things were going along fine, until last week.  It is a bad time to pick a fight.

I will further elaborate as things unfold.


Whose hearing is it?

by Allison Schmidt 17 June 2015 10:23

The Social Security Tribunal regulations indicate that the format of the hearing is decided by the Tribunal Member.  As you know, there are several different formats in which a hearing can take place.  There are in-person appeals that include a video-conference hearing, a teleconference appeal format, hearings on the record as well as in a question answer format. 

According to the statistics that I have received, there seem to be a higher chance of being successful, if the client has an in-person hearing.  I believe I have noted these statistics on this blog in previous entries.  

Then Minister Kenney indicated that the back log of cases at the Social Security Tribunal would be elimiated by August 2015.  That is just around the corner.  I would like to say that the Tribunal and the Ministry has worked really hard to get this back log sorted. 

However, I am now becomming very concerned about the recent influx of Notice of Hearings that I have been receiving with only a teleconference hearing format offered to the client.

When I have written requesting that this type of hearing format be changed - on two occasions now the request to have this changed has been declined.  I believe that this particular Tribunal Member has denied both requests.  This is very surprising to me as usually most of the Members are very accommodating to the clients and from what I have observed they are certainly doing what they can to ensure the client has a good tribunal experience. 

I just wonder exactly whose hearing is it?  I think that most people would agree that it is the CLIENTS.

If the client wants to be seen and heard - then this request should be accomodated.  What difference does it make to the Tribunal Member if they are sitting on a phone - or sitting before a video conference screen?

I am just reading through a file - and it says right in the medical report "on examination he LOOKS in pain."

I just attended a hearing where the client SHOWED the Tribunal Member her hands that were extremely deformed from Rheumatoid Arthritis.  Another hearing, the client was unable to get up out of her chair.  Another a client sat on the floor with cushions because of the pain she was in.

How exactly Tribunal Member is a teleconference hearing helpful to a client? I can understand if it is the client's request to have a teleconference hearing but if the client requests the format should be changed this request should be accommodated?  It is the CLIENT's hearing and they have waited for several years to what they feel like is being "blown off" with a telephone call?  Perception is everything Tribunal, and it makes the client feel that the playing field is not even when THEIR simple requests are denied.

Two clients have been denied the opportunity to have an in-person appeal by videoconference.  It says in the letter that:

The Tribunal Member has detemined that a teleconference is the most appropriate form of hearing and states that:

  • The form of hearing provides for the accommodations required by the parties or participants, and
  • Credibitliy is not a prevailing issue.

But if the client is REQUESTING that the appeal be in-person - then who exactly is being ACCOMMODATED?

I just do not get it.  It's time to speak up and make sure that the clients are receiving the hearings that they are asking for.




Some Updates and Information

by Allison Schmidt 05 June 2015 10:58

I cannot believe it is June 5th and the last entry I made was April 1st.  It has been a very busy two months.

My time has been consumed moving the office as well as managing all of the recent appeals and the push that the Minister has been undertaking to ensure that the backlog of cases at the Social Security Tribunal would be eliminated by August 2015.

I still think that is a very big stretch, but definitely most of the legacy cases that came over from the Review Tribunal have either been settled or are on their way to be scheduled by the Social Security Tribunal.  Based on my recent experience, I believe that they are starting to work on the appeals that were filed in 2013.

I had the great pleasure of hosting the Social Security Tribunal Chair and her colleague at my office here in Saskatchewan.  They both came a great distance to meet with the stakeholders here in Saskatchewan, and it was a very positive meeting.  Madame Chair shared the work that the Social Security Tribunal have undertaken in order to ensure a good appeal experience for the Appellant.  I believe that Madame Chair and her staff are working their very best to ensure that the Tribunal is efficiently run and despite the rocky start they have had, I am finally feeling a lot more positive that the Tribunal is getting on to stable footing.  It is very unfortunate that they were dumped on to begin with all the back logged appeals and that was very poorly planned from a Ministerial perspective - and hat's off to Madame Chair and her staff who have had to plow on through.  I do feel much more confident - it is a relief to say that.

I have also shared with Madame Chair my appreciation to the Social Security Tribunal members.  I have been able to attend a lot of hearings and would like to say that those I have recently attended have been excellently managed.  I would particularly like to compliment the most recent Chairs this last week.  The hearings were a very comfortable experience for the Appellants and greatly appreciated.


A change

by Allison Schmidt 01 April 2015 10:29

After 17 years of working in my current office location, DCAC is on the move!

This means that starting Good Friday, the office is going to be "off the grid" for a couple of weeks.

We will reopen in the new location on Monday April 20th, 2015.

I will still be available to be reached by phone and email but you may have to leave me a message.

Happy Easter to you all.



A spring day on the highway

by Allison Schmidt 31 March 2015 16:45

Well after a whirlwind of trips to hearings in March I am finally home for a while.  It is time to reflect on how everything has gone over the last month - and I have had the benefit to attend hearings in many different provinces in the country.

I have met some tribunal members that I have known for many years - and some new Social Security Tribunal members that I have met for the first time.

Firstly, I wish to compliment the majority of the tribunal members - they have all been excellent in ensuring the clients have a what I would consider a "good" hearing.  Whether the decision is favourable or not, I have walked out of the tribunal experience feeling like the clients have been heard and respected.  Each Tribunal Member has a slightly different style in regards to how they like to conduct the tribunal - but overall very good in terms of professionalism and comfort and care of the ciient.  That is what it is really about - the client experience - and the service to the client the tribunal member can provide during what is a very difficult and stressful time.  Given my experience with some of the bureaucrats at the Social Security Tribunal - I was worried that the "culture" of the Tribunal would reflect the way their "views" appeared to me in my conversations with some staff there - but I am glad that this has not appeared to have trickled down to the Tribunal Members who have really come to the table without judgment. 

Many of the people that I help, have really difficult stories - often a lot of crap has happened to them in their lives - and sometimes they have not managed in what one may consider an appropriate way - perhaps they have had addicitions, or incarcerations, or extreme mental illness that has led to real difficulties interacting with the average Joe.  Sometimes they can be obese and full of shame, sometimes they come impaired on whatever medications they have been prescribed - it can really be a challenge managing and like Forrest Gump - you never know what you are going to get.  It is a juggling act - trying to figure out how best to help and what tact to use, and how to make sure the Tribunal Member really gets to understand the "person in respect of whom the determination is made."  You have 90 minutes to do this - try condensing what is important to 90 minutes.  Some times I am privy to very personal and gut wrenching information - and you know sometimes there is information I am just not aware of until I meet someone face to face.

I have really appreciated that the tribunal members have attended these hearings without judgment - there has unfortunately been one notable exception - when the arrogance of the tribunal member was palpable.  I will figure out what to do about this situation - but need a minute to catch my breath. You can scold me but your arrogance and inflated sense of yourself is very unfortunate.  Just saying.  

I have been a vocal critic yes but I am also happy to speak out when I see how hard everyone is working there at the Tribunal.  I have lots of other thoughts but I am going to leave this blog entry as an overall note of appreciation.  Allison

Still Here

by Allison Schmidt 30 March 2015 13:48

Hello Everyone. 

I am getting emails asking if I am okay - and yes I am thank you.

I have just been run off my feet with all the appeals that are being scheduled by the Social Security Tribunal.

It is very busy here in the office and of course blogging becomes lower on the priority - perhaps that is the Fed's intention!!

Anyway, settlements still coming at a fast and furious pace.  I would say that all of the legacy cases are pretty well close to being done, and they are now turning their attention to those appeals filed in 2013 and even 2014.

The office is moving April 9th so that is going to be a very busy time for me.

You know where to find me if you need to ask any questions - allison

Questions in the House

by Allison Schmidt 26 February 2015 15:34

Way to go Canada

by Allison Schmidt 26 February 2015 11:43

The story that I have recently posted has now generated close to 300 comments on what is happening to other people in Canada.

Thank you to everyone who is speaking out.  Mr. McClure's story has started a fire storm of a response.

All the work, all the blog entries, all the calls, all the frustrations, all the support from all of you out there, all the encouragement I have received, all the kind words, all the prayers, I am overwhelmed each day by the emails that I receive. 

I want to thank Peter and Lee Anne, and Mr. G, and Mr. W. the Mr. P's and everyone out there who send me their stories.

I do not know how this will all pan out - but I do know the strength and ground swell of the people that is happening and it is a wonderful thing.

Don't stop believing - I know this sounds corny but it is true.

Another Article on Mr. McClure's denial

by Allison Schmidt 26 February 2015 08:59



There are 270 comments on this article.  I have not had the chance to review them all as yet - but thank you


Elimination of the SST backlog

by Allison Schmidt 24 February 2015 11:39

Good Day everyone.

I am writing this blg to share a new process that is happening regarding the elimination of the Social Security Tribunal backlog.

There is a special unit that has been put in place that are reviewing the CPP legacy cases thave have been waiting to have their appeals heard at the SST.  As you know, then Minister Kenney pledged to reduce the backlog by summertime - and this department in Gatineau, along with regional offices are working to sort through these files.

I think these appear to be just legacy cases at the moment - so this means - if you applied to have an appeal heard by the Review Tribunal and you were an existing appellant at the time of changeover - this will apply to you.

So the special unit is reviewing the appeal files and they are determining whether or not these files can be settled.  That means - approved without a hearing.  It was noted by the new minister in response to a question by Thomas Mulclair that the "special unit" is on track to have this backlog reduced by summer. 

So what will happen, is that you may get a call from a CPP case-manager who will say that they are going to Propose a Settlement on your file.  This means that the CPP are agreeing that you are disabled.  As you know, there are two parties to the appeal - you and the CPP disability - so this call means that CPP disability has agreed that you are disabled and that you meet the legislative criteria.

Now what will happen is that you will get a letter stating that the agree you are disabled and indicating the date of onset of disability - you will need to check this out - to make sure it is correct- also you will get a Agreement to sign, as well as a Withdrawal Notice.  The letters do explain why these documents need to be signed but if you are uncertain, give the CPP case manager a call.

This is good news for clients  and I am happy that the people are finally getting these appeals sorted. Now just to add my two cents - I find it very disturbing that all of these appeals have sat and all of a sudden because of the heat the Feds have been receiving, that these Canadians are being approved - just like that.  So many people have called my office recently in tears and shocked that this has happened, given that they had done everything previously to try and convince CPP disability that they were disabled only to be repeatedly denied.  I still think the treatment of these people is nothing but a disgrace and I just think it is election optics.   Do not forget what has happened to all of these people who have been devastated and bankrupted and even died while waiting for these appeals to be heard.  Just my two cents people. 

As I have said in my interview recently - the SST have touted that they have a 64 percent success rate - but this means that CPP disability got the decision wrong 64 out of 100 times.  How is that good news?

Good luck to you all - I hope you get a call.

Part Two Panel Discussion - Alberta Primetime

by Allison Schmidt 21 February 2015 16:29

Alberta Primetime Peter McClure's story - Please Share

by Allison Schmidt 21 February 2015 16:28



Here is the story on Mr. Peter McClure - please share.  Allison

Dozens of Gravely Sick Canadians denied speedy hearings

by Allison Schmidt 20 February 2015 10:49



Here is  another story that was printed yesterday.  It speaks to the issue of the story airing tonight on Alberta Primetime.

I know that the SST are aware of every blog entry that I post - this was clearly evident in the 1848 pages of information I received when I did a Access to Information request on myself - so head's up Commissioner and Vice Chairs and all the Directors there who appear to enjoy reading and commenting about my blog and my spelling - I hope someone from the tribunal has taken the time to reach out to this man and offer whatever help you can to get this appeal matter sorted for him. 

I know that everyone is working very hard to get the appeals scheduled - and that is great news - but at what prior cost?  There should not have been financial ruin and mental devastation for people who have been stuck in this system and denied benefits by this government.  And seriously - what "experts" are now reviewing the cases?  Do they have more expertise that the people who reviewed the files two times prior and denied them???  Shouldn't experts have reviewed these files to begin with?  Are you saying your staff was inept and you had to bring in "experts"?  What a joke.

I think that it will all become very clear as these stories continue to appear and people continue to come forward.

If you have had an appeal scheduled by the tribunal please find someone to help you.





by Allison Schmidt 20 February 2015 09:54

Tonight CTV 2 - Alberta Primetime Edmonton -6.00pm, 11.00pm Friday February 20th, 2015 - are running a feature on Peter McClure's story on being denied CPP disability benefits.

I have been asked to participate in a forum discussion to air after the feature on Mr. McClure.

I will post the link to the story when I can - please share - and please watch.

Let's all stand together and support Mr. McClure.

So to read this story on CPP disability denial

by Allison Schmidt 09 February 2015 09:12



I am posting this story on CPP disability and the denial of benefits.  I would like to extend my best wishes to Mr. McClure and his family.

This story illustrates the importance of understanding what happens when individuals apply for early retirement benefits available at at 60.

Mr. McClue was diagnosed with rectal cancer in the Fall of 2012.  He applied for CPP early retirement benefits in December 2012 and continue to work during this time period until another tumour was found on his lung in early 2013 - he stopped working on April 23, 2013.

When you take an early retirement benefit from CPP you MQP (the magic date - the date that you need to be found disabled by) becomes the month before you start taking early retirement benefits - this means in this case the MQP is November 2012.  Unfortunately, Mr. McClure was working at the time of the MQP and therefore he has been denied.

Another issue that comes up when individuals take early retirement benefits is that once you have collected these for 15 months - you are unable to switch them over to CPP disabiltiy benefits.  So many people take their early retirement to supplement their income and then in their early 60s become disabled and are then unable to switch these benefits over - I have numerous phone calls like these on a weekly basis.

I agree with Michael Prince - Mr. MrClure's case is not unusual.  Along with the excessive denial rates there is a complete lack of communication from the Feds in terms of how to make application for Canada Pension Plan.  I have written extensively on the importance of the MQP as well as what happens when someone takes an early retirement benefit.  Mr. McClure correctly states that these MQP rules are never made clear to most people when they apply for CPP disability.

My advice to Mr. McClure is to request an expidited hearing at the Social Security Tribunal - in this situation  - I feel the SST will do what they can to help this gentleman - but I do think he will continue to be denied because he is caught up on this legislative technicality with the MQP being November 2012.  Of course this would depend on his work activity after that date - was it regularly - did he have the capacity to work - etc. 

This is a really tough case to be sure - as obviously there is no doubt that Mr. McClure has a disability that is both severe and prolonged but as you know there is the third piece in the equation and that is the contributions and unfortunately the contributory rules.  The CPP letter suggesting that Mr. McClure does not have a disability that is both "severe and prolonged" is inaccurate that is for sure and I think the Feds could do a better job of helping people understand the reasons why they are being denied.  I think that there is little understanding about the rules when you take early retirment benefits.

I agree with Mr. McClure that the Feds need to be doing a better job - this system is so broken.

I wish you all the best Mr. McClure.

Kenney pledges to reduce the SST backlog

by Allison Schmidt 06 February 2015 19:22



This is the latest article on the Social Security Tribunal backlog.  It notes in this article that Minister Kenney pledges to reduce the backlogged cases by summer 2015.

While I certainly hope that this is the case, I find it difficult to understand how with the current resources that are available you could make your way through the approximately 11,000 appeals.  I feel there is a strong element of election year optics in play here and I will stand by my comments that leaving all of these people hanging and waiting and suffering is a national disgrace and should have been dealt with months ago. 

It is already February and there are say five months to July and I am assuming that is when summer will start.  So let's just make it six months until the end of August.  That is 180 days.  And if the backlog is 11,000 cases - then that means that the tribunal must hear around 60 cases a day.  I do not know how this would be possible given the requirements and procedures the appeal goes through before an appeal date.  As I have said in my previous posting - there is a 90 day document exchange - so that means that if Minister Kenney is going to reduce these back logs by the end of summer - all the hearings would have to be scheduled by March or April of 2015. Any way I will let enquiring minds decide whether this may be realistic or not.  

I do hope it happens because it is time that these people who have been waiting get their appeals settled.  

I hope they do well at the SST and get it done. I have concerns in that, I hope that the quality of the decisions will not suffer as a result of this frantic push to get these appeals done.

Also I fear that there will be telephone hearings and while this might be an efficient way to get an appeal heard I personally do not think this is best for the Appellant.  I just know from the hundreds of appeal hearings I have attended that it is best to see and speak to the Appellant in person.  I have also seen the statistics on the denial rates when a telephone hearing is conducted - I personally would avoid this option.  Read my previous blogs on the statistics they are noted. 

So if you are scheduled an appeal in the next little while, please get someone to help review this information.  As I have said in my prior emails it is very important that this appeal is managed well as you will have very limited appeal rights if you are not prepared for this tribunal. I worry that all the Appellants who have been desperate to get an appeal heard will end up shafted. And not because of the staff and Tribunal Members at the SST but because they will not be adequately prepared for the appeal process.  

Anyway, I wonder how things will unfold over the next little while - I know there is further investigations to see if this "pledge" that Minister Kenney is making is realistic and I wonder if Minister Kenney will end up regreting these statements.  

I will keep you posted - If you get an appeal hearing date - call or email the office and we will be happy to give you some pointers.  Allison


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