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HI, I have been on LTD since Nov 2020 following a cancer diagnosis and treatment. My LTD insurance company requested that I submit an application for CPPD. I was denied, and my appeal was also denied. Now they are requesting that I submit my request to the Social Security Tribunal for a final decision. The insurance company has continued payments throughout the process so far.

I am trying to decide whether to withdraw my appeal to the SST versus going through the SST hearing process and possibly being denied. How might an insurance company treat a withdrawal of appeal vs a denial from the SST? What might the consequences be of both of these actions? Does a withdrawal potentially have worse consequences than an SST denial regarding my ongoing LTD payments? Thank you.

Thanks for reaching out. Typically, when applying for CPPD based on insurers request, you only have to appeal if your policy states so. If you're not sure about this, you can ask your insurer where in the policy it states you must appeal.

If you are denied at the SST, that decision is binding. However, we typically don't recommend withdrawing at this point, as you would then need to reapply again, go through consideration, appeal, etc. which would lead to delays of many years for you. Also, if your policy says you must appeal, and you withdraw your application, the insurer may reduce your benefits by what they THINK CPPD would pay you.

If you are approved, you will continue to receive benefits until age 65. Your insurer will offset your benefits by what CPPD pays you (including the retroactive amount).
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
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