If you have been denied CPP disability and you need to request a reconsideration, this has to be done before your 90 day appeal period expires. I would send off a letter of appeal stating the following:
I do not agree with your decision to deny my CPP disability benefits. I am disabled according to the legislative criteria and I wish to request a reconsideration.
Additional information to support my appeal may be forthcoming and I request that your office contact me to discuss this appeal prior to making a decision to ensure that I have had the opportunity to submit all the information I can to support my reconsideration appeal.
Make sure you put your Social Security Number on this letter and if possible I would send this letter in some traceable way - registered, express post etc. or I would drop it off to a Service Canada office and get receipt that you submitted this appeal letter. Within a month you should receive a letter from CPP disability acknowledging that they have received your appeal. Make sure you watch out for this - and if you have not received a letter check in to it.
I wanted to talk about some self-help strategies to increase your chances of success. Make sure you have done the following:
- Obtained and reviewed your Canada Pension Plan disability file. You can get a copy of your file by completing the Personal Information Request form which you will find in the Downloads section of this website. You will need to send this form in to the CPP regional office who is adjudicating your claim.
- Understand why CPP Disability are denying your claim. I have posted a lot of information on the blog about why CPP disability is usually denied - and how to understand the CPP disability language. If you understand the reasons why CPP disability have denied your claim then you will better understand how to put together your appeal.
- Find out what your MQP is? Minimum Qualifying Dates are extremely important and you need to review your file to see if the medical information that has been submitted provides evidence around the time of the MQP.
- Once you have reviewed your file, it is important to decide what additional supportive documentation you may need to get and who to get it from. Make contact with your doctor and any other people you might want to get letters from. Most doctors charge money to obtain the evidence you need to support your appeal. It is not helpful to get a doctor to write that your disability is "severe and prolonged".
- Understand your responsibility to provide information to support your appeal. Understand how CPP disability is determined. Read through the blogs and the appeals guide on this website.
- Make sure all the information you have collected will help with your appeal. Sometimes clients get discouraged because their doctors write that they may be able to do "some light work" but keep in mind that the work has to be regular and substantially gainful. It is a good idea to speak to your doctor about their thoughts on your capacity to work before obtaining a written report.
- Your written submission should address when you stopped working and why you think you are unable to work in any job because of your disability. It should discuss if you have tried to return to work and failed due to your medical condition, and if you looked for work, how your disability prevented you from finding a job. The submission should outline your functional limitations.
I suggest that given the state of the new appeal process at the Social Security Tribunal and the delays it appears many appellants will be facing, I strongly suggest that if you have been denied your CPP disability benefits that you get some professional advice to put together your reconsideration appeal in the hopes that you avoid any further delay.