HALIFAX CPP Disability Benefits Lawyer
The CPP Disability Benefit is a program under the Canada Pension Plan (CPP) that provides disability benefits through financial assistance to Canadians who are considered disabled and are unable to work at any job on a regular basis due to significant medical impairments. In 2023, over 8,000 Canadians received CPP disability benefits.
An audit conducted by the Auditor General of Canada on CPP Disability in approvals showed that only 40% were approved after the first application out of 70,000 annual CPP disability applicants. Since the audit in 2016, the forms and application process have been simplified by Service Canada to make it easier for applicants to receive their CPP disability benefits. Even so, denial rates of the CPP disability benefit are still significantly higher compared to other countries around the world. As a result, despite efforts to streamline the process, such approval rates can be a significant challenge for applicants.
Having your application denied can be frustrating and discouraging, especially since the reason for denial is often unclear. At Valent Legal, our experienced disability lawyers are committed to helping clients pursue the disability benefits they are entitled to under the Canada Pension Plan (CPP). To discuss your eligibility, the application process, and your options for recourse when you’re denied, schedule a free consultation with our legal team today.
TABLE OF CONTENTS
- Types of CPP Disability Benefits
- Who is Eligible for CPP Disability Benefits in Canada and Nova Scotia?
- What Happens After You Apply for CPP Disability Benefits?
- What if Your Application for CPP Disability Benefits is Denied?
- How Can Our Halifax CPP Disability Lawyers Help with Your Claim?
- Contact an Experienced CPP Disability Lawyer at Valent Legal Today
Types of CPP Disability Benefits
CPP Disability Pension
The CPP Disability Pension is a taxable monthly payment available to people under the age of 65 who have contributed to the CPP and who cannot regularly work because of a disability. As of 2025, the average monthly CPP disability benefit payment for new beneficiaries was approximately $1,673.24, though it varied based on individual contributions, the type of benefit, and earnings history. Those receiving the CPP Disability Pension will automatically be converted to a CPP Retirement Pension when they turn 65.
CPP Post-Retirement Disability Benefit
The CPP Post-Retirement Disability Benefit (PRDB) is a benefit for those between 60 and 65 who are found to be disabled but are not eligible for a disability pension due to being CPP retirement pension beneficiaries for more than 15 months. You may qualify for this benefit if you have made sufficient contributions in addition to your retirement pension. The benefit is meant to ensure that individuals transitioning from retirement to disability coverage continue to receive the financial support they need.
You cannot receive both a CPP retirement pension and a CPP disability benefit at the same time. The PRDB is only available to those receiving an early retirement pension. If you apply for CPP disability benefits but are not eligible because you have received the CPP retirement pension for more than 15 months, you will automatically be considered for the PRDB.
You can find the government’s CPP retirement pension calculator on this page
CPP Children’s Benefit
If you are receiving CPP disability benefits (disability pension or post-retirement disability benefit), your dependent children may also be eligible for a children’s benefit. This benefit provides additional financial support to families to help cover costs associated with raising children while managing a disability.
The CPP Disability Children’s Benefit is a monthly benefit that can be collected by someone receiving a CPP disability benefit who has dependent children under the age of 18 or between 18 and 25 and attending school full-time.
Who is Eligible for CPP Disability Benefits in Canada and Nova Scotia?
Three conditions must be met to be considered eligible for CPP disability benefits: age, contribution, and having a severe and prolonged disability.
In short, you are eligible for Canada Pension Plan (CPP) Disability Benefits if you:
- Have a proven “severe and prolonged” disability as defined by Service Canada
- Meet specific CPP contribution requirements
- Are between the ages of 18 and 64
Disability Requirements
To qualify for CPP disability benefits, a disability must be both “severe” and “prolonged,” as defined by Service Canada, and must be proven to their medical adjudicators. Both the severe and prolonged criteria must be met simultaneously at the time of applying. The disability must also prevent you from being able to work at any job.
The terms “severe” and “prolonged” have specific legal definitions that are essential to understand when considering whether you should apply for CPP disability benefits. Service Canada’s definitions stipulate that:
- “Severe” means that you have a mental or physical disability that regularly stops you from doing any substantial gainful work.
- “Prolonged” means that your disability is long-term and of indefinite duration or is likely to result in death.
Since there is no standard definition of “disability” in Canada, you may not qualify for CPP disability benefits even if you qualify for a disability benefit under other government programs or private insurers. Service Canada medical adjudicators will determine whether your disability is both severe and prolonged based on your application and supporting documentation.
Many conditions are often covered by the CPP disability benefits criteria. The following is a list of conditions that typically qualify for disability benefits:
Mental/Psychological Impairments
- Alzheimer’s Disease
- Anxiety
- Bipolar Disorder
- Dementia
- Depression
- Insomnia
- Obsessive-Compulsive Disorder (OCD)
- Post-Traumatic Stress Disorder (PTSD)
- And more
Physical Impairments
- Angina
- Arthritis
- Back Injury
- Bowel Disorder
- Cancer
- Congestive Heart Failure
- Diabetes ( Type 1, Type 2, Diabetes Insipidus (DI)
- Emphysema
- Fibromyalgia (FM)
- High Blood Pressure (Hypertension)
- Hearing Loss
- Glaucoma
- Hip Replacement
- Human Immunodeficiency Virus (HIV)
- Knee replacement
- Migraines
- Obesity
- Osteoarthritis (OA)
- Osteoporosis
- Parkinson’s Disease
- Retinopathy (diabetic, hypertensive, solar)
- Rheumatoid Arthritis
- Spinal Cord Injury (SCI)
- Walking Impairment
- Heart Disease
- And more
Contribution Requirements
To be eligible to receive benefits, you must have contributed a certain amount to the Canada Pension Plan. Contribution requirements remain consistent, ensuring that individuals who have actively participated in the workforce are eligible for benefits.
Working Canadians must pay into the Canada Pension Plan by law. However, paying into the CPP does not mean that you are eligible to receive benefits automatically.
To be eligible to receive CPP Disability, you must have actively contributed to CPP in:
- At least 4 of the 6 years before your application
- 3 of the last 6 years if you have contributed to CPP for 25 years or more
In case you do not meet the above requirements at the time of your CPP Disability application, a late applicant provision is available. This provision accommodates individuals whose disabilities prevented them from meeting the standard contribution criteria.
The late applicant provision allows Service Canada to alternatively judge your eligibility based on:
- Contributions you made before the date when you stopped working instead of the time you sent your late application.
- The fact that you were completely unable to work from that time until the present day.
Age Requirements
You must be between the ages of 18-64 to be eligible to receive CPP disability payments. The CPP disability benefit is meant to support those who are impaired from gainful work during their working years. Statistics indicate that the majority of CPP Disability applicants are between the ages of 35 and 55. When an individual reaches 65, the payments for CPP Disability will automatically be converted into a retirement pension instead.
If you are over 60 and receiving CPP for early retirement, you cannot collect the CPP disability pension. This is because you cannot collect both disability and retirement pensions at the same time. If you are receiving CPP retirement payments, they must be converted to CPP disability payments within 15 months of receiving retirement payments. If you apply for CPP disability benefits but are not eligible because you have received the CPP retirement pension for more than 15 months, you will automatically be considered for the Post-Retirement Disability Benefit.
If you have questions about your eligibility for CPP disability benefits, including the post-retirement disability benefit or children’s benefit, it is recommended that you speak with a disability lawyer. At Valent Legal, our Halifax CPP disability benefits lawyers help clients assess their qualifications so they can file an application for the correct benefit as soon as possible.
Get Help After an Injury
If you’ve been injured and are unsure if you have a case, it’s always best to consult with an experienced personal injury lawyer that can guide you in the right direction.
What Happens After You Apply for CPP Disability Benefits?
It takes approximately 120 days for a decision to be made from the date that the application and all supporting documentation are received. This processing time is subject to change based on the type of application and the documentation you submit.
Once the processing of your application begins, you may be contacted by a medical adjudicator asking for additional information. They may also request that you see another doctor to re-evaluate your medical condition. During this period, maintaining open communication with Service Canada and promptly responding to any requests may help expedite the decision-making process.
What if Your Application for CPP Disability Benefits is Denied?
When you’re already dealing with the physical, emotional, and financial toll of a disability, the last thing you need is to deal with a denial. Unfortunately, CPP disability benefits can be denied in Nova Scotia and across Canada for a variety of reasons. For example, many applications are denied when:
- Your disability is not classified as both severe and prolonged under CPP legislation
- You do not apply for benefits soon enough after you become disabled
- You have not satisfied the Minimum Qualifying Period (MQP), wherein you worked and contributed to the CPP for a specific amount of time before you became disabled
- You have not provided sufficient information about your medical condition(s)
- And more
If your initial application is denied by Service Canada, you will receive a decision letter that explains the reasons why. Fortunately, you still have options available for recourse. You may:
- Request for Reconsideration: If you do not agree with the decision made by Service Canada, you may ask to have the denial reviewed. Formally, this is called a Request for Reconsideration. You generally have 90 days from the date you received your denial to request a reconsideration. Inside your request, you will have an opportunity to address or rebut any concerns Service Canada outlined in the decision letter they sent you.
- Appeal to the Social Security Tribunal: If your benefits are denied again after you submit your Request for Reconsideration, you can escalate to an appeal. You will most likely need to attend a Social Security Tribunal hearing to present additional information and argue the reasons why you should receive CPP disability benefits. With the help of a lawyer, you can compile additional medical evidence, expert testimony, or other documentation to back up your case. You generally have 90 days to file an appeal after you receive your reconsideration decision.
How Can Our Halifax CPP Disability Lawyers Help with Your Claim?
Adjusting to life after an accident or illness can be extremely difficult, especially after working for many years. Applying for Canada Pension Plan (CPP) Disability Benefits can be a long and frustrating process for many who are unfamiliar with the program requirements. It shouldn’t be a burden you have to bear on your own during an already difficult time. An experienced personal injury lawyer can guide you through the application process, ensuring that all necessary documentation is submitted correctly and your case is presented as clearly as possible.
When you work with our team at Valent Legal, you’ll gain the advantage of:
- Experienced Guidance: Having a trusted team of disability lawyers in Nova Scotia handle the application process on your behalf is particularly valuable in cases where medical conditions are complex or where previous applications have been denied. Letting a legal team manage your claim will also allow you to focus on your health and well-being instead of paperwork and processing.
- Detailed Application Submissions: The specific requirements of a “severe and prolonged” disability can be challenging to prove to the government on your own. Disability lawyers know what evidence to gather and present, how to summarize medical charts, and which specific questions to ask your treatment providers and doctors to get the best results. Collaborative efforts between your legal and medical teams can create a compelling case that meets Service Canada’s strict requirements. Your lawyer’s written and oral submissions may be the driving factor you need to have your claim approved.
- Appeal Support: If you applied and your application has been denied, seeking legal counsel is highly recommended. Unfortunately, many of the people involved in your application, from doctors to general practice lawyers, misunderstand what it means to have a prolonged and severe disability. Our Halifax CPP Disability lawyers at Valent Legal are detail-oriented and can review your application, making the adjustments you need to get through the challenging process of reconsideration.
If you have been denied Canada Pension Plan (CPP) Disability Benefits, contact us today. Valent Legal is ready to help you get the disability benefits you are entitled to. Our firm offers flexible fee arrangements, including flat rates done on a contingency basis.
Contact an Experienced CPP Disability Lawyer at Valent Legal Today
Understanding CPP Disability Benefits and navigating the eligibility requirements can be complex and overwhelming. At Valent Legal, our experienced lawyers in Halifax are here to help you navigate these challenges. Whether you need assistance with your initial application, preparing for a reconsideration, or appealing a denial, we provide personalized legal advice tailored to your situation.
Don’t deal with the complexities of CPP Disability Benefits alone. Contact Valent Legal today to schedule a free consultation and ensure that your financial future is well-protected.