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CPP disability or EI sickness refused? Reconsideration, appeals and the QPP review

How to challenge a refused CPP disability or EI sickness decision: reconsideration deadlines, the Social Security Tribunal, the new EI Board of Appeal, and Quebec's QPP review.

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CPP disability or EI sickness refused? Reconsideration, appeals and the QPP review

If Service Canada refuses your CPP disability application, you have 90 days from receiving the decision to ask for a reconsideration; for an EI decision, including sickness benefits, the limit is 30 days. Reconsideration is mandatory: you cannot go to the Social Security Tribunal (SST) first. If the reconsideration is also negative, a CPP decision is appealed to the SST General Division within 90 days. For EI, new appeals filed from April 1, 2026 go to the Employment Insurance Board of Appeal, a tripartite tribunal, instead of the SST General Division; the deadline is in your reconsideration letter. Above both sits the SST Appeal Division, which hears appeals on limited grounds. You can represent yourself at every level. In Quebec, a refused QPP disability pension is challenged through a review request to Retraite Québec and then the Tribunal administratif du Québec. New, specific medical evidence is what most often changes the outcome.

This guide is part of the overview of common life and disability insurance mistakes.

Deadlines at a glance

StepCPP disabilityEI (sickness and other benefits)QPP disability (Quebec)
First challengeReconsideration by Service Canada, 90 daysReconsideration by Service Canada, 30 daysReview request to Retraite Québec, 90 days
Second levelSST General Division, 90 days after reconsideration decisionEI Board of Appeal (since April 1, 2026); deadline stated in the reconsideration letterTribunal administratif du Québec, 60 days after review decision
Third levelSST Appeal Division, with leave, 90 daysSST Appeal Division, 30 days after the Board of Appeal decisionFurther recourse limited; get legal advice
Late requestsPossible with a reasonable explanation, within limitsPossible with a reasonable explanation, within limitsPossible in some cases

Check the deadline printed in your own decision letter; it governs your case.

Reconsideration: how to make it count

The reconsideration is a fresh look by a different officer. It is the cheapest and fastest place to win.

  1. Read the reasons. CPP refusals often say the medical evidence does not show a severe and prolonged disability, or that you did not have enough contributions in the relevant period. EI refusals typically concern insurable hours, the medical certificate, or availability.
  2. Request your file. Ask Service Canada for a copy of your file, including medical adjudicator notes, so you know what they relied on.
  3. Answer the reason directly. For CPP, ask your doctor or specialist for a letter that addresses your capacity for any regular work: how long you can sit, stand or concentrate, how many days a week symptoms stop you, side effects of treatment, and prognosis.
  4. Describe a typical week in your own words: what you can do, what it costs you afterwards, what help you need.
  5. Show treatment efforts. Note treatments tried and why some were stopped.
  6. Send it before the deadline and keep proof. If evidence is still coming, send the request on time and say more evidence will follow.

Worked example: CPP arrears at stake

Illustrative figures. Martine applies in March, is refused in July, requests reconsideration in August, and is approved in December with a deemed disability date 15 months before her application. Her benefit is $1,300 a month.

  • Payments begin in the fourth month after the month she is deemed disabled.
  • Retroactive amounts are limited to roughly a year before her application month, so about 11 months of arrears precede the application, plus the 10 months from March to December: about 21 months in total.
  • Arrears: 21 x $1,300 = $27,300, taxable.
  • If she has group LTD, the insurer will ask her to repay the overlapping LTD offset from this amount; see what to do when an LTD claim is denied and the offsets example in CPP and QPP disability benefits.

Missing the 90-day reconsideration window would have meant reapplying from scratch, possibly losing months of arrears.

The Social Security Tribunal and the EI Board of Appeal

The SST is an independent federal tribunal. For CPP disability, at the General Division, a member reviews your file and usually holds a hearing by phone, video, in person or in writing. You can bring witnesses, such as a spouse or former employer, and new evidence. Many appellants represent themselves; legal clinics, disability advocacy organizations and some lawyers help, and in some provinces legal aid covers these appeals.

EI appeals changed in 2026. The SST General Division stopped accepting new EI benefit appeals on April 1, 2026; it finishes the appeals already under way. New EI appeals go to the Employment Insurance Board of Appeal, whose decisions are made by three-member panels with one member each representing government, employers and workers. Its decisions can be appealed to the SST Appeal Division within 30 days.

The Appeal Division does not rehear the case. It needs permission (leave) and decides whether the General Division made a legal, jurisdictional or important factual error.

EI sickness refusals: common fixes

ReasonFix
Not enough insurable hoursCheck every record of employment, including short jobs; ask about extending the qualifying period if you were already sick or receiving workers' compensation
No medical certificateGet a certificate showing the incapacity and expected duration
Late applicationExplain the reason (hospitalization, severe illness) and ask for antedating
Earnings not reduced by 40%Show your pay records for the weeks in question

Quebec: QPP disability pension

Retraite Québec decides QPP disability applications. You can ask for a review within 90 days; you then receive a new decision. If you disagree, you can contest it before the Tribunal administratif du Québec (TAQ), within 60 days. For people aged 60 to 64, the test is whether you can do your usual job, which makes evidence about that job's demands central.

Frequently asked questions

Do I need a lawyer for the SST?

No, but representation can help in complex CPP disability cases. Some lawyers take these appeals on contingency, a percentage of arrears; ask for the percentage in writing.

Can I work while my CPP appeal is pending?

Limited work can be consistent with a disability claim, but significant earnings may be used as evidence that you can work regularly. Discuss any return to work with your doctor and representative.

Does a CPP refusal affect my LTD claim?

Not automatically, because the tests differ. Insurers may still require you to appeal a CPP refusal as a condition of the LTD plan.

Is there a cost to appeal?

There are no filing fees for reconsideration or SST appeals. Check the EI Board of Appeal's site for its own process.

Sources

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