A denial is not the end
Many Canada Pension Plan Disability (CPP-D) applications are refused the first time. If yours was, you have options. The key is to act before your deadlines pass.
Step 1: Ask for reconsideration
The first step is to ask Service Canada to reconsider its decision. You generally have 90 days from the day you receive the decision letter to make this request.
Reconsideration is done by Service Canada staff who were not involved in the first decision. This is a good time to:
- read the decision letter carefully to see why you were refused
- send any new or updated medical evidence
- explain, in your own words, how your condition affects your ability to work
If you have missed the 90 days, do not give up. In some cases you can ask for more time, but you will need to explain the delay, so get advice quickly.
Step 2: Appeal to the Social Security Tribunal
If the reconsideration decision is still a refusal, you can appeal to the General Division of the Social Security Tribunal. The Tribunal says you have 90 days after you receive the reconsideration decision to appeal.
The Tribunal is independent from Service Canada. Appeals are often decided after a hearing by phone, video or in person, where you can explain your situation and a member of the Tribunal decides the case.
Step 3: The Appeal Division
If the General Division refuses your appeal, you may be able to ask the Appeal Division for permission to appeal. This is a narrower process, and the grounds for appeal are limited. It is usually not a chance to simply argue the facts again.
How to strengthen your case
- Focus on function. Medical reports should explain what you cannot do and why you cannot work regularly at any job.
- Fill gaps in the evidence. If a specialist report or test result is missing, ask for it.
- Mind the dates. Your contributions must cover the date your disability began, so the timeline matters.
- Keep copies of everything you send and receive, with the dates.
When to get help
You may be able to handle a reconsideration or appeal yourself. Still, having an advocate or lawyer can help you understand why you were refused, gather the right evidence, and prepare for a hearing. Some people do the whole process themselves, others just need brief advice, while others prefer more support.
This is general information, not legal advice. Deadlines depend on the dates in your own letters. If you are close to a deadline, act now. If you would like help, you can book a consultation with Andrew Green Law.
This article provides general information about the law in Alberta and is not legal advice. Every situation is different. Reading this article does not create a lawyer-client relationship. For advice about your circumstances, contact Andrew Green Law.