o Who is eligible for CPP Disability Benefits?
CPP disability is only for those who have paid into the program and whose disabling conditions meet certain standards.
o What are the benefits?
There is a complex calculation for determining the amount of an individual applicant's benefits
- Canada Pension Plan Applications & Appeals: If you have become disabled due to injury, disease or another health condition, the lawyers of Fink & Bornstein can guide you through the process of obtaining Canada Pension Plan (CPP) benefits. From initial application to reconsideration and appeal, we are available to help with all stages of the process.
- Help With Your Canada Pension Plan Application Service: Canada rejects a significant portion of initial applications for CPP benefits. The application and supporting documentation are the foundation of your claim. If your case is badly mishandled at the initial stage, it becomes much more challenging and time consuming to set the record straight in the review and appeals process. In the meantime, you are left too disabled to work and without a pension.
Because we understand the law and how applications are evaluated, we can help you increase your chances of success when you initially file for CPP disability benefits.
- Help With Reconsideration & Appeals: We also represent clients who file for CPP on their own, only to have their claim denied. Our lawyers can represent you in the reconsideration and appeal of a denied claim. We can determine what information may be lacking and take steps to secure the necessary documentation.
- Canada Pension Plan (CPP) Appeals Process Reconsideration: If your initial application for CPP disability benefits was denied, do not give up. You still have several opportunities to obtain disability benefits. Service Canada will review the decision and consider new information. The first step is pursuing a reconsideration of your denied benefits claim.
A lawyer who is experienced in the CPP reconsideration process can help you prepare for this review. Fink & Bornstein Barristers and Solicitors in Toronto regularly obtains positive results for clients who were initially denied disability benefits.
We will review your application, assess the reasons for denial and work to build a stronger case for approval of your claim. In many cases, this means obtaining stronger medical evidence or medical evidence that describes your disability in a manner that is meaningful to those who will reconsider the application.
- What Happens in CPP Reconsideration? There is no judge or jury involved in CPP reconsideration. The application and any new documentation you provide to further support your claim will be reviewed by different Service Canada staff members. You may be asked to see a doctor. If so, CPP will pay for the visit and in some cases also pay for travel expenses for the doctor visit.
If you have received a letter from Service Canada denying your CPP application it is important to contact a lawyer about your case promptly. There are deadlines to meet in arranging for CPP reconsideration.
There is no charge to discuss your case with a lawyer who is experienced in obtaining CPP disability benefits for clients through the reconsideration process. To arrange a free consultation, please contact our practice in Toronto, Ontario.
- Appealing a Denied Claim – Canada Pension Plan (CPP) First Level Appeal: If your claim for Canada Pension Plan (CPP) disability benefits is unsuccessful at the reconsideration level, you still have options. The CPP disability lawyers of Fink & Bornstein in Toronto can appeal the denied claim to the Office of the Commissioner of Review Tribunals (OCRT) who will consider appeals of the decision made at reconsideration.
This level of appeal involves a hearing before a three person panel. One of the members of the panel is a lawyer, one is a health care professional and the third is a member of the community.
This is the first opportunity to present your case to the people making the decision about whether to overturn the denial and approve your claim for CPP disability benefits. Our lawyers can help you make the most of this opportunity. We have a record of positive results in appealing denied claims. Our knowledge of the law and our understanding of what the panel members will be looking for guide the preparation of each case.
- Explanation of the Decision: Once we give notice of your intention to appeal the denial of your claim Service Canada will send you an explanation of its decision to deny the claim. This is an important document that outlines why the claim was rejected on reconsideration. It allows us to prepare a sound response to specific objections. Strict deadlines apply. Please contact us promptly so we have adequate time to prepare your case.
If you wish to appeal a denied CPP disability claim, please contact our office in Toronto, Ontario. There is no charge to learn if we can be of assistance. The initial consultation is free of cost and free of obligation.
- Second Appeal of a Denied Disability Claim: You may find yourself involved in a CPP second level appeal for two reasons:
* If your appeal to the Office of the Commissioner of Review Tribunal (OCRT) is unsuccessful, you may be able to appeal the decisions to the Pension Appeals Board (PAB).
* If your first level appeal is successful, Service Canada may appeal the decision of the OCRT and seek to have its denial of your claim reinstated.
- We'll Be There for You: In either case, it is important to have knowledgeable legal representation. A lawyer and a health care professional will be at the PAB (Pension Appeals Board) hearing to represent Service Canada. The CPP disability lawyers of Fink & Bornstein in Toronto can be there for you. We are available to pursue approval of benefits or defend the OCRT's decision to approve your CPP claim.
- Permission to Advance to a CPP Second Level Appeal: A (PAB) Pension Appeals Board judge must review your request to pursue a second level appeal and give you permission to present your case before the PAB. Without this permission, you will not be able to proceed to the second level appeal, and the decision made by the (OCRT) Office of the Commissioner of Review Tribunal will be considered final. Because this step in the process can end your case, it is important that it be handled correctly.
Our lawyers can review your case, and determine the appropriate arguments to make and the additional supporting evidence to provide to the judge. If we are successful in this step of the process, we will prepare for the hearing before the Pension Appeals Board (PAB).
There is no charge to discuss your case with a lawyer who is experienced in obtaining CPP disability benefits for clients through the appeals process. To arrange a free consultation, please contact our office in Toronto, Ontario.
- CPP Disability for Conditions That Are Difficult to Prove: If you suffer from severe migraines, chronic back pain or fibromyalgia, you know how painful and debilitating these conditions can be. Yet applications for Canada Pension Plan (CPP) disability benefits are often denied for these and other conditions because they lack adequate and specific medical evidence.
The lawyers of Fink & Bornstein Barristers and Solicitors in Toronto know how frustrating it can be to have a condition that is difficult to demonstrate. We know that many mental and physical disabilities cannot be diagnosed with a simple X-ray, MRI or blood test. In fact, most conditions are subjective, to some extent. Yet these conditions are diagnosable and the disabilities they cause are real and measurable.
Our lawyers represent clients who have become disabled by a wide range of conditions that many consider hard to prove, including:
* Migraine headaches
* Chronic back pain
* Multiple Sclerosis
* Chronic Fatigue Syndrome
* Psychological conditions, including depression, Bipolar Disorder, Schizophrenia, Post Ttraumatic Stress and anxiety disorders
* Breathing problems
* Cohn’s Disease and Colitis
* Carpal Ttunnel Syndrome and other repetitive stress injuries
* Reflex Sympathetic Dystrophy (RSD), Complex Regional Pain Syndrome (CRPS)
Our lawyers will review your case and determine how to accurately demonstrate the nature and extent of your disability. We may recommend that you seek treatment from an appropriate medical specialist or specialists. We may see that your disability is caused by a combination of conditions. Each case is different and must be evaluated individually.
There is no charge to discuss your case with a lawyer who is experienced in obtaining CPP disability benefits for clients with difficult-to-prove disabilities. To arrange a free consultation, please contact our office in Toronto, Ontario.
- CPP Disability and Psychological Disorders: We represent people with disabling mental disabilities ranging from depression to post traumatic stress syndrome to Schizophrenia. A mental illness can affect your life profoundly and make the tasks of daily living seem overwhelming. If you have a severe and prolonged mental illness that prevents you from working at any job, you may be eligible to obtain Canada Pension Plan (CPP) disability benefits.
- Mental Conditions as Primary Disability: At Fink & Bornstein Barristers and Solicitors, our lawyers have obtained CPP benefits for people whose mental conditions caused or contributed to their disabilities. We represent those whose primary condition is a psychological disorder, such as:
* Bipolar Disorder
* Tourette Syndrome
* Obsessions or compulsions
* Panic attacks
* Post Traumatic Stress Disorder (PTSD)
- Mental Conditions Secondary to Physical Conditions: We also represent people whose mental disorders are symptoms of their physical conditions. For example, a physician who sustained a brain injury may suffer memory loss so severe they are unable to practice medicine. Because they are still able to work at unskilled jobs, they would not be eligible to obtain CPP benefits. The brain injury, memory loss and resulting loss of their profession may trigger chronic, severe depression that could prevent them from working in any capacity.
Psychological conditions that, in combination with a physical condition, cause disability are carefully scrutinized and must be supported with adequate medical evidence. Because we understand the rigorous standards that must be met for the acceptance of a CPP disability claim, we are well prepared to assist you with your initial application, reconsideration or appeal.
There is no charge to discuss your case with a lawyer who is experienced in obtaining CPP disability benefits for people with disabling conditions.
To arrange a free consultation, please contact our office in Toronto, Ontario. At Fink & Bornstein, we understand that our disabled clients are facing significant physical, emotional and financial challenges. We are here to guide you through the process and help you obtain all the benefits you are entitled to receive. If you have suffered a serious, prolonged or permanent disability, please contact our office in Toronto, Ontario, to arrange a free initial consultation.