How Do You Know If You Should File A Disability Claim?

Throughout the world, millions of people are dealing with some form of disability. Whether it is an illness, injury, or mental health issue, it can be tough for a person to carry on with their day to day tasks.

In Canada, if it is hard for you to carry on your job with a disability or if you are unable to work the average number of hours, you may be eligible to file a disability claim. But how would you know if you are really qualified for the application or not? Let’s have a look at a few types of disability claims you can apply for and their eligibility criteria.

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CPP Disability Benefits

CPP, also known as Canadian pension plan disability benefits are designed for the citizens of Canada. In order to qualify for the benefits, you must meet the following criteria.

  • Your age must not be more than 65 years.
  • You had contributed a good amount to CPP before you became disabled.
  • The disability you have is severe and prolonged.

If you complete these criteria, you are likely to get a disability claim. However, if you get rejected, you can appeal as well. Usually, the claim is denied because the ministry does not find the injury or disability of that person to be severe enough. If you have been rejected a request recently, you can visit Acheson Sweeny Foley Sahota LLP, and their highly-experienced lawyers will assist you.

Long Term Disability

The long term disability is usually provided by an employer, and a person could make a claim for it if they have suffered a road accident. This is for the accident victims who have suffered injuries that will make them unavailable for work, and it will be hard for them to survive without it financially. Long term disability can last for a lengthy period of time. A person can receive it for as long as they do not return to work or reach the age limit of 65.

The definition of disability here is something that makes it physically or mentally challenging to perform most of the responsibilities at the job. And in order to get it, you will have to provide your employer/insurer with a detailed medical report that will determine whether you qualify for the plan or not.

If your application for long term disability has been denied, it could be one of these reasons:

  • You have provided them with incomplete information about the condition.
  • The diagnosis is not precise.
  • Improper Treatment

However, if you feel that you have been denied for wrong reasons by the insurer, you can make a claim through lawyers as well.

Provincial Disability Benefits

Just like CPP disability benefits, you can apply for provincial disability benefits as well. The eligibility criteria may vary from province to province, but if you have a genuine case, you can get these benefits. In case you have applied for provincial benefits and have received a rejection, you can appeal in the following scenarios:

  • If your assistance application was denied.
  • Reduction in assistance.
  • You stopped getting assistance.
  • The decision regarding your employment plan is unfair.

Remember, you have to appeal within the 20 days of receiving the decision. Once you have appealed, you will get a detailed decision from the ministry in which the reasons for denial will be stated clearly.

If you still disagree with the decision, then you must apply for reconsideration within seven days of that. The process can sometimes be a little complicated, and things can get too complex for you to handle by yourself. So, it is better to hire a lawyer to make sure your claim is successful.

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