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Appealing a Decision to a Review Tribunal Under the Canada Pension Plan

Is your appeal regarding a Disability Pension?

Make sure you understand thoroughly the following requirements for a CPP Disability Pension. You have to show you meet all of the following requirements to get your pension.

You must have contributed to the Canada Pension Plan for a minimum number of years.

The first thing you need to do is find the last date you qualify for benefits based on your contributions to the Canada Pension Plan.

This date may be found:

• in the denial letters you have received from Human Resources and Skills Development Canada
• in the HRSDC Explanation of Decision Under Appeal
• by calling our office

It is important that any information in support of your appeal proves that you were disabled on or prior to that date and you continue to be disabled.

Please note that you may challenge this date but the final determination of this date is up to the Review Tribunal.

Be prepared to provide medical and other information to show how you meet these conditions. Generally, these requirements have been interpreted by courts and tribunals as meaning:

• You are incapable of working as a result of your physical and/or mental condition, either at your last occupation or any other for which you would or could be reasonably qualified;
• You are unable to reliably commit to a work schedule, either full-time or part-time, because of your health condition;
• You have made reasonable efforts to look for employment or retraining;
• You have made reasonable efforts to follow up recommendations for treatment;
• You do not expect to be able to return to work.

The Review Tribunal will consider the 'whole person' when deciding your appeal, so be prepared to provide information about your condition and how it affects you in the workplace and in everyday life. You can provide a lot of this information in person at your hearing, but it would be helpful to send any expert reports or other documents (e.g. medical reports, functional capacity evaluations, letters from employers, etc.) to us well in advance. In our experience, HRSDC may settle in the appellant’s favour before a disability appeal hearing because new information has been provided.

Please call our office or visit our website if you have questions.