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Our Canada Pension Plan Services
CPP pays benefits to those who have paid into the Plan while working in Canada and then become “eligible”. You and your dependents can become eligible for various reasons, such as:
- you have turned 60 or 65 years of age
- you are unable to work because of a disability
- your spouse or partner has died.
Our Clinic offers information, advice and representation about denials of CPP benefits. We most frequently give advice to people who have been denied the CPP Disability benefit.
What to do if you have been denied a CPP benefit?
You must complete an application for CPP benefits. If your application is denied, you will receive a letter explaining why. You have 90 days from the date of the letter (decision) to ask Human Resources and Skills Development Canada (HRSDC) for a “reconsideration” of the decision. Reconsideration means that HRSDC will look at your application again and make a new decision. You have to ask for the reconsideration in writing.
If you are denied again, you will receive a letter explaining the reasons. You may appeal that decision to the Office of the Commissioner of Review Tribunals. You have 90 days from the date of the letter to make an appeal. You have to ask for the appeal in writing. You will have a hearing after 8 or more months. Three people will listen to you and then make a decision. It will be sent to you in writing.
If you are denied at the Office of the Commissioner of Review Tribunals, you can appeal that decision within 90 days to the Pension Appeals Board. You must ask for the appeal in writing. You will have a hearing after 12 or more months. Three judges will listen to you and then make a decision. If you are again denied, it is possible to appeal to Federal Court.
You should get legal advice when you are denied CPP at each level of the appeal system. We can often assist with sending in the request for reconsideration or appeal. You should also ask for a copy of your file as it will help explain why you have been denied.