To be eligible for a disability pension, a person must satisfy two basic requirements. You must have made valid contributions to the Canada Pension Plan for a minimum qualifying period and you must have a disability (physical or mental) that is “severe” and “prolonged” as defined by the Canada Pension Plan.
For the disability to be considered “severe”, it should render the person incapable of regularly pursuing any substantially gainful occupation. For the disability to be considered “prolonged”, it must be continuous for a long time or indefinite duration or likely to result in death.
If you are facing an appeal, it is important to know that the onus of proving your case is yours. You must prove on the balance of probabilities that you have a disability that is severe and prolonged.
Raphael Barristers have successfully handled many CPP appeals. It is important to obtain proper medical evidence to prove your disability. We have access to a large network of medical and vocational professionals who can help establish evidence of disability.
It is important to note that there are time limitations to ask for reconsideration or file an appeal. You should consult a personal injury lawyer immediately if you claim has been denied.
