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Frequently Asked Questions

What happens if I die before my claim is processed?

The claim continues to be processed. Any refund generated from the credit goes to your estate.

How does a refund from the Disability Tax Credit affect other claims?

The refund is not income, and should not affect other claims. You may have claims, for example, from Canada Pension Plan, a private insurance company and the Disability Tax Credit.

How long does it take to get approval?

Processing time can vary greatly. It is the Canada Revenue Agency’s goal to complete a claim within 16 weeks.

Are behavioural problems like FAS and ADD eligible for the tax credit?

Whether physical or mental, there is no impairment that is not eligible for the Disability Tax Credit solely on the basis of a diagnosis. The impairment’s duration and severity are key issues.

Do I have to claim the credit on my taxes each year?

Yes, you must claim the credit for each year that you are eligible.

Do I have to renew my claim each year?

No, normally you won’t need to submit a new claim every single year. You will be sent a letter by CRA once your application has been approved letting you know when you need to re-apply, if at all.

What benefits are available for caregivers?

The Caregiver Amount on your annual tax return may apply when a disabled adult (over the age 18) lives with an adult family member. The disabled person’s income will be a factor. The spouse of a disabled person is not eligible to claim the Caregiver Amount.

If you’ve served as a primary caregiver for more than 3 months consecutively, the Primary Caregiver Tax Credit offers you recognition and support financially. This is intended to assist recipients of care in remaining independent for as long as possible and thus builds upon the Manitoba Home Care Program.

See more information on the Manitoba Primary Caregiver tax.

How much income do you have to have to benefit from the Disability Tax Credit?

You do not have to have any income to claim the Disability Tax Credit but taxable income is required to benefit monetarily from the credit.

If a doctor signs the form, is eligibility guaranteed?

No. In addition to the doctor’s signature, the form must be completed correctly and then follow the due process of the Canada Revenue Agency.

Does a doctor have to sign the form?

A medical doctor is authorized to notarize all sections of the form though some categories allow for other qualified practitioners to sign the form:

  • Optometrist for vision
  • Speech-language pathologist for speaking
  • Audiologist for hearing
  • Occupational therapist for walking, feeding and dressing
  • Physiotherapist for walking (only for 2005 and later years)
  • Psychologist for mental functions.
My doctor thinks I have to be wheelchair bound to be eligible. Is this right?

You do not have to be in a wheelchair to be eligible for the Disability Tax Credit. It is important to note, however, that a qualified practitioner must notarize the T2201 form prior to submission to the Canada Revenue Agency.

Can my doctor help me?

Your doctor does play a vital role in the application process, however, not all doctors are aware of the criteria nor are they familiar with the intricacies of the application process. Also we act as a liaison between the doctor and the client to ensure the application standards are met.

Why isn’t this my accountant’s or tax preparer's job?

Applying for the Disability Tax Credit can be an involved and lengthy process to ensure you meet the criteria and your claim is approved. The interpretation of an individual’s disability, submission and monitoring of applications, and the navigation of the disability tax credit application through the Canada Revenue Agency is not an accounting function.

Brematson Disability Advocates was established specifically to assist individuals in navigating the complex hurdles of the government bureaucracy. We act as the liaison between the client and Canada Revenue Agency.

Do I qualify for the disability tax credit?

Individuals who have a physical and or mental impairment may qualify to claim the tax credit. Let Brematson Disability Advocates assess your situation. Call to make an appointment.

What is the disability tax credit?

It is a disability amount that allows someone to claim a creidt on their T1 annual return, but only after the disability tax credit certificate application has been approved by Canada Revenue Agency.

Will I automatically qualify for the Disability Tax Credit if I'm eligible for Canada Pension Disability?

No, not necessarily. The two federal programs have different criterion for eligibility. The Canada Pension Plan disability and Disability Tax Credit programs are separate and offered by two separate departments of the Federal Government. CPP Disability Benefits are claimed through Service Canada while the Disability Tax Credit is claimed through the Canada Revenue Agency.

The reconsideration has been denied? What Can I do?

The opportunity to present your case is the last step in the Canada Pension Plan – Disability process. To proceed, a formal appeal must be submitted and a potential hearing scheduled.

You will be asked to plead your case (along with witnesses if applicable) in front of a judge that makes the final decision.

The process can take 12 - 18 months.

I have been denied. What is my next step?

If denied, a request for a reconsideration can be made. This must be submitted within 90 days to explain your case and why your medical condition meets the criteria to qualify – at this point you may submit further medical information. A specialist may be required to gather further medical documentation, write the reconsideration, and apply it to Service Canada’s requirements.

When will my claim be approved?

Service Canada requires 26 weeks to process the application. In some rare cases, the process may take less time.

What role does my doctor play?

A major factor in qualifying for Canada Pension Plan Disability is doctor support and your capacity to return to work. To qualify, Service Canada requires a medical report stating that, in no circumstance, are you capable of regaining employment.

Do I qualify for Canada Pension Plan Disability?

Qualification requirements are as follows:

  • Under the age of 65
  • Have contributed to Canada Pension Plan
  • Have a severe and prolonged disability that prevents you from working at any job (mentally or physically)
What is the difference between Canada Pension Disability and the Disability tax credit?

Canada Pension Plan Disability is a monthly income, while the Disability Tax Credit is a tax credit applied to your annual tax return. Another major difference is that Canada Pension Plan states that you must not be able to work to qualify. Employment is not an issue with the Disability Tax Credit.