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Reconsideration of your rejected CPP Disability Benefits Claim

Applying For a Reconsideration of a Denied CPP Disability Benefits Claim

You or a qualified CPP lawyer may ask the Government of Canada for a Reconsideration of your rejected CPP Disability Benefits Application.  This must take place in writing to the Human Resources and Social Development Canada (HRSDC) within 90 days of receiving your denial letter from HRSDC.

Applying for a Reconsideration of your denied CPP application is usually worthwhile if you can provide new information that support your CPP Disability Benefits Claim.  This new information can include letters from your doctors and other health professionals that address the reasons your CPP Disability Benefits application was turned down.

The Reconsideration Process

The process for the Reconsideration of a denied CPP application can take several months.   The most common reason that you can be denied benefits is if Human Resources and Skills Development Canada (HRSDC) does not accept that your disability is sufficiently severe and prolonged. HRSDC has decided then that although you cannot do your former job, you should still be capable of doing some other form of employment.  See CPP Eligibility Requirements for more information on meeting the requirements for a successful CPP Disability Benefits Claim.

Medical Evidence

Your doctor’s opinion is of the utmost importance. The doctor has to explain your disability and state why it prevents you from working. The emphasis should be on impairment and how your disability affects your ability to do some sort of work.

Your application can be denied if HRSDC decided that your medical disability is not prolonged. This would be possible should the evidence suggest that a full recovery is expected by a certain date. In the Reconsideration request it is important to get good medical evidence and to present it to HRSDC in a meaningful way.   The doctor should describe all your physical and/or mental disabilities as well as a prognosis of your impairments.  He should also set out precisely the limitations, that you have resulting from your disability, especially those that restrict your ability to work. If there was a medical specialist used it is important to have a report from him or her.   If there are other health care workers in your treatment such as nurses, physiotherapists, psychologists etc. their evidence should also be included.  They should be requested to express an opinion on your limitations in a work setting.

Next Steps

If you receive a favourable response from the Reconsideration process you should receive a lump sum amount for retroactive CPP disability benefits as well as regular CPP disability monthly benefits.

If your Reconsideration request is denied your next step is for you to file an appeal with the office of the Commission of Review Tribunals.

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