Private Disability Insurer and Canada Pension Plan - Apply for Both?

Private Disability Insurer and Canada Pension Plan - Apply for Both?

If you become disabled because of illness or injury, you have the right to claim benefits from your private disability insurer and you should also apply for benefits under the Canada Pension Plan Act as a person who is disabled. Most private disability policies of insurance provide that you shall apply for C.P.P. benefits when granted or applying for benefits under the private policy. Most private policies of disability insurance will provide that any amount you receive from C.P.P. will be deducted from any amount paid to you under the policy. It is fairly clear that in most private disability benefit policies of insurance, when you receive disability insurance benefits, you must use all reasonable efforts to apply and obtain C.P.P benefits. If you do not, rightly or wrongly, your insurance company will deduct what you might have gotten from C.P.P. from the amount they give you.

The rules pertaining to C.P.P. disability benefits and entitlements change and the definition of disability is very specific. Therefore, it is imperative that when you apply for benefits, your treating physician provide a report which specifically addresses the test of disability under the disability benefits provisions of the Canada Pension Plan Act. Your disability must be severe and prolonged and render you unable to work.

The amount of the disability benefit form C.P.P. varies, depending on past contributions and the time you apply and are entitled to benefits. The amount we see paid regularly is about $600-$750 per month.

When the medical evidence provided to C.P.P. is not “good enough”, it usually means that the medical evidence is unclear, is subjective or does not meet the definition as described by your physician or based on the medical evidence filed to date. If you are denied C.P.P. disability benefits, you have the right to appeal and submit new evidence. If your private insurer denies you benefits, you have the right to sue them.

If you are denied CPP disability benefits, ensure that you file you appeal in time and obtain legal advice from our PQT Law Disability Law Group. It is critical to file appeals until you are successful. It is vital to obtain clear medical evidence that addresses the legal test for disability. Whether your private insurer has denied your claim of C.P.P. has denied your claim, contact Plant Quinn Thiele LLP for free legal advice - 613-563-1131 (Todd K. Plant or Marc-Nicholas Quinn).