Canada Pension Plan Disability Reconsideratons and Appeals If you have worked and contributed to the Canada Pension Plan and become disabled, you are entitled to apply for a Disability Pension. The amount you may be entitled to varies according to the amount and length of time you have contributed. In the year 2008, the maximum monthly disability benefit is $1077.52. The minimum monthly benefit in 2008 is $414.08. If your contributions are sufficient and you are able to prove that you are disabled, within the meaning of the federal Canada Pension Plan Act, you will be entitled to the benefit until such time as you are no longer disabled, or you begin to receive a retirement pension through C.P.P. It is crucial that the application be made at the earliest opportunity. To be considered disabled, you must have a 'severe' and 'prolonged' disability. 'Severe' means that you are unable to regularly engage in gainful occupation or employment and 'prolonged' means that the disability is such that it is likely to continue in the foreseeable future, or that the condition is one which will likely result in death. Unfortunately, those in the Canada Pension Plan offices who have the responsibility of deciding whether you qualify for these benefits don't always make the right decision on an application. Quite frequently, they conclude that a person is capable of working in some capacity, when in fact, that couldn't be further from the case. Fortunately, in such cases, they do not make the final decision. After an initial denial, an applicant is entitled to apply for a Reconsideration. The evidence and documentation is reviewed by Canada Pension, along with any new information submitted and may result in a reversal of the decision. This is a paper review only. If the result of a reconsideration is still a denial, the applicant is entitled to appeal to the C.P.P. Review Tribunal which is an independent panel of three members of the community whose task it is to review the circumstances and decide if the previous two decisions are correct. This is done at a full hearing. If the result of the Review Tribunal is still a denial, one final level of appeal exists, that is, to the Pension Appeals Board. Whereas the right of appeal at the first three levels is absolute, the final appeal to this Board is only with leave of the Board. The panel hearing the Appeal at this level is composed of very experienced Judges of high courts. This is a completely new hearing. Many people have attempted to represent themselves at these hearings, only to be told they have not presented the evidence the tribunals require to prove their entitlement. Our clients have found that our experience at: 1. evaluating the existing evidence, 2. recommending ways of reinforcing that evidence, 3. interviewing, selecting and preparing witnesses to appear at the hearing, and, 4. conducting the hearing itself, is of immense assistance in bringing about a positive result. If you have been denied Canada Pension Disability Benefits and would like an evaluation of your case, call us at (519) 258-3338 for advice and assistance that could make a significant financial difference in your life.