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Disability Denials

CPP Disability Offset in an LTD Claim

Reviewed by Michael Murphy, K.C., Senior Counsel · Updated

The CPP disability offset is the clause that lets your LTD insurer subtract your Canada Pension Plan disability benefit from the monthly amount it pays you. Approval for CPP therefore rarely increases your income. It moves part of the cost from the insurer to the federal plan, which is why the insurer wants you to apply and why it will sometimes pay for help with the application.

Why the Insurer Requires You to Apply

Group policies make application for other income benefits a condition of continued payment, and insurers enforce it. Some go further and estimate the CPP amount and deduct it whether or not you have applied. Applying protects the LTD payment. Refusing to apply gives the insurer a compliance reason of the kind listed in why insurers deny.

How the CPP Disability Offset Is Calculated

Most wordings deduct the CPP disability benefit dollar for dollar from the gross monthly LTD benefit. Many exclude the children’s benefit paid for dependants from the deduction, and many freeze the deductible amount at the figure first awarded, so later cost of living increases stay with you. These differences live in the policy, not in any statute, and they are worth reading closely because they change the monthly number.

The Retroactive Lump Sum and the Overpayment

CPP approvals often arrive months after the application and pay a retroactive amount back to a deemed date of disability. The insurer will treat that lump sum as benefits it already paid and demand repayment, usually by holding back future monthly cheques. This is normal and it is contractual. Set the lump sum aside when it arrives rather than spending it, and check the insurer’s arithmetic against the period it actually paid you for. Retroactive payment is capped at a limited period before the application, so a late application loses money permanently.

The Two Decisions Are Not the Same Test

The Canada Pension Plan asks whether a disability is severe and prolonged. Severe means you are incapable regularly of pursuing any substantially gainful occupation, and prolonged means the condition is likely to be long continued and of indefinite duration. That is closer to the any occupation test in the change of definition chapter than to an own occupation test. A CPP refusal is not proof you are not disabled under the policy, and a CPP approval is not proof that you are, though a favourable decision is useful evidence and insurers know it.

Appealing a CPP Refusal

A refusal is reconsidered on request within a short statutory window, and a refused reconsideration is appealed to the Social Security Tribunal, then to its Appeal Division with leave. The statute is the Canada Pension Plan, the program is described by Service Canada, and the appeal body publishes its own procedures at the Social Security Tribunal. The firm coordinates the CPP timeline with the LTD limitation date set out in the deadline to sue, as described on the long-term disability lawyer page.

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