Well here we are approximately two months since my last blog. The dog days of summer are upon us. 

I have had a very busy summer and have talked to many interesting people across the country about Canada Pension Plan disability and the problems they are facing - thank you very much for your good feedback about the website.

I chose to write this blog because on a daily basis I receive phone calls from individuals who have been denied CPP disability benefits because they have been in receipt of CPP early retirement benefits that they have taken after age 60.

Now, CPP disability will provide you a benefit until age 65 - after that your benefits would change over to retirement benefits. This is typical with most disability insurance policies as retirement age is usually 65. (I know there has been debate about this age - but for insurance purposes 65 is the magic retirement number.)

If you chose to take your CPP early retirement benefits before age 65 there is a pretty negative implication pertaining to your CPP Disability benefit.

Okay here is it - the legislation states that you are only able to receive one type of CPP benefit at a time - these are death, retirement, and disability.  The legislation also states that CPP can only pay 15 months of retroactivity from the date of your CPP application.  If you have been in receipt of your early retirement benefits longer than 15 months from the date you applied for disability benefits - then you be inelligible to change your benefit from early retirement to disability.

Some examples - Dave applied for early retirement benefits at age 60, and at age 63 he had a stroke disabling him from working. He would be inelligible to for CPP disability as he had been on early retirement for longer than 15 months. 

Susan was disabled from working at age 61.  She applies for CPP Disability benefits at the same time she applies for CPP early retirement benefits. If she is found disabled according to the legislative criteria - any disability benefits she received would be reduced by any early retirement benefits she had taken.

Lisa is disabled and applies for CPP disability - the feds send her a letter denying her claim - saying she is not disabled but lookey here - you can apply for your early retirement benefits instead - and here is a form for you to sign saying that you want to withdraw your disability claim and take your early retirement benefits. Okay, early retirement benefits are less than you would receive for a disability benefit - so get some advice before you sign that form.

Gus applies for CPP early retirement at age 60 and states that he stopped working due to disability.  He assumes the Feds will put him on the "correct" pension based on their review of the application. Two years pass and Gus realizes he is not getting a disability pension. He contacts CPP and is advised that he never applied for CPP disability even though he states he stopped work due to disability - you have to fill out a CPP disability application in order to apply for the benefit.

Bill applies for CPP early retirement and when he becomes disabled is told he cannot qualify for CPP disability based on the fact he has been on early retirement longer than 15 months - he is upset because CPP never advised him of the consequences of applying for early retirement benefit - sorry Bill - transparency is not the Feds greatest attribute.

So here are my final thoughts - statistically the incidence of disability increases as you age. If you want disability coverage under the your Canada Pension Plan then you do not apply for CPP early retirement benefits.  If you are disabled by age 60, then you can if you choose to,  apply for both the early retirement and the disability at the same time - and have someone review your file if you get the letter asking you to withdraw your CPP disability application and take early retirement benefits.

I receive phonecalls from clients who do not understand why they have been denied CPP disability benefits.  They are indignant that the Feds have denied their claims when they have support of their medical practitioners who state they cannot work. They simply do not understand why after paying into a program for years they cannot get the benefit to which they believe they are entitled to.

I remind these people that based on my research using the Freedom of Information Act, that the CPP denial rates have remained fairly stable over the last 10 years. And yes, I would say there is truth to the rumour that the Feds deny many claims on first application - unless of course you're terminal or the disability is really catastrophic.

I have been in "the trenches" now for 12 years. I think what is different in the last couple of years is what I call the perfect storm.  Aging baby boomers, a poor economy and more applications to Canada Pension Plan have lead to increased applications and more people being denied. People try not to take it personally - it is a system - and you are a number in that system.

So do not give up - do not get frustrated - get a plan of action. Figure out how to establish you meet the legislative criteria. It is your ONUS to establish that you are disabled.  Sometimes you just have to keep making your way through the steps. Do not be afraid of a Review Tribunal hearing. This is where I do most of my work. It is where you finally get to meet someone face to face to talk about your disability. It is a great opportunity so do not waste it by ranting about the Feds.

The most common reasons why CPP disability applications are denied is that the Feds decide the disability is not severe.  Most times you will note in your denial letter that HRSDC state "while you may not be able to do your usual work, we have concluded that you should still be able to do some type of work." If I had a dollar for everytime I have read that line....

HRSDC relies on what your doctors say about your medical conditions and limitations, and on any many reports that they have submitted.  It is important that your doctor's report explain your medical conditions and why this prevents you from working. Simply saying that your disability is "severe and prolonged" on a prescription pad is useless.  If for example your doctor says you are no longer able to do physical ACTIVITIES like bending and lifting, HRSDC may determine that you have the capacity for sedentary work.  If you doctor says your medical conditions are stable HRSDC may interpret your are capable of alternative work or that your condition is not serious enough to stop you from working. 

Often times it is difficult for clients to get information from the doctor - let's face it doctors are really busy - and they can charge a lot of money to prepare medical reports - their time is really stretched.  Many people simply cannot afford the cost of the doctors reports - it is a very difficult position to be in.  One of the next blogs I have to do will be on collecting medical information so stay tuned.

My other work is Project Coordinator for the Saskatchewan Voice of People with Disabilities. We are hosting a first of its kind conference on abuse of people with disabilities. The conference is being held in Saskatoon, Saskatchewan, October 13-15th, 2010.  More information will be forthcoming. Stay tuned.

I would like to take this opportunity to tip my hat to the fine advocates at the BC Coallition Advocacy Access program.  I was made aware that the advocacy program had lost their funding March 31, 2010.  They have been helping appellants since approx 1990. I wish them well in their future endeavours.

After months of toil the new DCAC website has finally gone live.

We have published quite a bit of information about CPP Disability claims and appeals. We hope this information helps our visitors to better understand the issues and obstacles they may face if appealing a denied CPP Disability benefits claim. New content will be progressively added to our blog when time permits.