AA Disability Consultants - Studio Di Consulenza Legale - Aurelio Acquaviva
Log-InSign-Up
Aurelio Acquaviva
Aurelio Acquaviva

CPP Disability Benefit

CPP Disability Benefit

To receive a CPP disability benefit, you must:

  • Meet certain earnings and contributions requirements (see Minimum Qualifying Period, Long Term Contributors), and
  • Have a severe and prolonged mental or physical disability (see Disability Requirement).

These requirements are very specific and each case must be considered on its own. Call your Client Service Officer for help in understanding these requirements and how they relate to your case.

Minimum Qualifying Period (MQP)

To be eligible for a benefit, you must have made valid contributions for a certain number of years to the Canada Pension Plan. This is also referred to as the Minimum Qualifying Period (MQP).

Currently, the MQP for a disability benefit is four (4) years of valid contributions within the last six (6) years. An example of the calculation of the MQP is shown below:

# Years
Valid Earnings &
Contributions

Valid

Year

Last
6 Years

   

1995

 

   

1996

 

   

1997

 

   

1998

 

   

1999

 

 

 

2000

 

4

Checkmark

2001

1

3

Checkmark

2002

2

2

Checkmark

2003

3

 

 

2004

4

1

Checkmark

2005

5

 

***

2006

6

 

 

2007

 

Checkmark= years of valid contributions
*** Minimum Qualifying Period (MQP)

For example, if you have made valid contributions in 2001, 2002, 2003 and 2005, you meet the requirement of contributions in 4 of the last 6 years. Therefore, in this example you would last meet the contributory requirements (MQP) in December 2006.

This date is the latest date you can be found disabled to qualify for a disability benefit. It is important that the additional medical information you send us in support of your appeal proves that you were disabled on that date or prior, and continue to be disabled.

In this example, you are covered up until December 2006. If you have an accident and become disabled in February 2007, your coverage has expired and therefore you are not eligible for a disability benefit.

The Minimum Qualifying Period for a disability benefit has changed over the years. Therefore it is important to know and understand your own MQP. Call your Client Service Officer to get help in understanding the MQP and the CPP legislation as it relates to your case.

Long Term Contributors

People who have contributed to the CPP for 25 years or more have an additional MQP option. A recent update to the Canada Pension Plan legislation says that if you have made valid contributions for twenty-five years or more, you need valid contributions in only three (3) of the last six (6) years to meet the contributory requirement. These new rules apply only to disability benefit applications made on or after March 3, 2008. For more information, see Rules for Long Term Contributors.

Disability Requirement

Once you have been determined to meet the Minimum Qualifying Period, you must prove that you have a disability which is severe and prolonged, as defined in the CPP.

The legislation states that a disability is severe if a person is incapable regularly of pursuing any substantially gainful occupation as a result of the disability.

A disabling condition may be physical or mental. You must also establish that the disability is prolonged, meaning that it is long-term and indefinite.

Section 42 of the CPP legislation describes the disability requirement:

"(2) When person deemed disabled.-For the purposes of this act,

  1. a person shall be considered to be disabled only if he is determined in prescribed manner to have a severe and prolonged mental or physical disability, and for the purposes of this paragraph,
    1. a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable regularly of pursuing any substantially gainful occupation, and
    2. a disability is prolonged only if it is determined in prescribed manner that the disability is likely to be long, continued and of indefinite duration or is likely to result in death; and
  2. a person shall be deemed to have become or to have ceased to be disabled at such time as is determined in prescribed manner to be the time when he became or ceased to be, as the case may be, disabled, but in no case shall a person be deemed to have become disabled earlier than fifteen months before the time of the making of any application in respect of which the determination is made."

From the Federal Court of Appeal

Villani v. Canada (Attorney General) [2001] F.C.A. 248
In this case, the Court has decided a question of law, namely the legal test to be used for determining whether a disability is severe within subparagraph 42(2)(a)(i) of the Canada Pension Plan. For further details please consult the Federal Court of Appeal decision, Villani v. Canada.

 
    AA Disability Consultants - Studio Di Consulenza Legale - Aurelio Acquaviva