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Hi if I am on LTD at work and I also collect CPP and I have been told I have to apply for CPPD , do I have to apply . Thanks

The answer to this question is nuanced.

Under the vast majority of LTD policies, you would have a duty to apply for CPPD, yes.

That said, there is some case-law that states that, depending on the wording of the relevant terms of your policy, CPPD may not be considered "available" to you if you have to give-up something of value in order to get it. In order to argue this successfully though, you would require certain wording in your policy, and you would have to show that you are suffering some financial loss by opting out of regular CPP to apply for CPPD.

Even if this argument is valid in your case, the insurer will very likely refuse to accept it, and they will either cut you off benefits, or deduct what you could have been receiving from CPPD from your monthly LTD. You would then need to fight them on that decision.

If you are cut off benefits for any reason, or if your benefits are reduced, you should contact our firm right away for a free consultation.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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