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1. Wording and Details in the “Effects of Impairment” Section
The “Effects of Impairment” is the most critical aspect of the entire DTC application process. This section will make or break your case. If it is not done right, nothing else submitted with it (psych ed. reports, neuropsych evals.) will result in approval. If it’s done half right, they will send a questionnaire (which should be avoided if possible).
This section needs to focus on THE EFFECTS the person with the disability suffers due to their condition. NOT ON THE DIAGNOSIS.
The section should mention the diagnosis in the first line, but the rest of the content needs to describe (WITH EXAMPLES) how the person’s ability to carry out daily living is impacted.
The wording needs to be simple yet cover the topics they want to know about.
The people reviewing applications are tax agents, not medical practitioners. They want the “Effects of Impairment” section to be written in plain English rather than medical jargon.
For example, state:
“Johnny cannot dress himself without help because he has severe fine motor skill impairment and cannot pull his clothing on, or manage fasteners; caregiver’s help dress him.”, rather than going into medical terminology that is causing Johnny to have fine motor skill problems.
“At 4 years of age, Suzie is still wearing diapers 24 hours per day as she is incontinent.”, rather than going into medical detail as to what is causing Suzie’s problem with incontinence and using complex medical jargon.
The EOI MUST include the Following Key Phrases:
“Effects of impairment are present 90% or more of the time, in all settings, despite appropriate therapies.” (THIS ONE NEEDS TO BE INCLUDED ON ALL APPLICATIONS)
“Takes three times longer than that of same-aged peers to complete . . .” (The EOI should include this one if applicable)
“. . . as would a same-aged peer.”
For example, “Johnny does not engage in reciprocal communication or interactions as would a same-aged peer.”
“Requires one-on-one assistance to . . .” The EOI should contain this statement several times. Usually, ALL impairments create a need for help from a caregiver.
For example:
if your child has severe impulse control issues and is at high risk for physical injury, there should be a statement such as “Troy has severe impulse control issues and engages in hazardous behaviour, he can never be left unattended and requires direct one-on-one supervision at all times”; or
“Trent cannot bathe himself, and he requires physical assistance from caregivers; caregivers must wash his hair and body for him.”
Reference the need for help as much as possible without overdoing it.
2. The Application Didn't Include Enough Information
This essentially still falls under the number 1 reason, as it is still mostly a wording issue.
Here is an example of not enough information:
“Dina is an 8-year-old girl who has ASD and ADHD. Because of the nature of this condition, she can be quite impulsive and very inattentive. This causes her a great deal of problems at school and home. She requires extra help.”
This simply is not enough information and does not include a statement about impairments being present 90% or most of the time, in all settings, despite appropriate therapies. It does not address any specific problem areas, such as attending to self-care, following simple instructions, problem-solving and age-appropriate judgments, impulse control, or ability to manage minor changes.
AT BEST, AN APPLICATION WRITTEN LIKE THIS WOULD RESULT IN A QUESTIONNAIRE BEING SENT TO THE DOCTOR WHO COMPLETED THE FORM; MOST LIKELY IT WOULD BE FLAT OUT DENIED.
3. The Application Contained Too Much Information
In this case, I am referring to applications in which a doctor or parent has attached reports.
You should NEVER send reports unless they are one page or less in length, contain NO POSITIVE information, and CLEARLY STATE THE SEVERITY OF THE CONDITION.
For example, if a child has autism and is non-verbal and there is a brief report about the child’s inability to communicate or use speech - that is a GOOD report to include.
Bad reports to include are neuropsych evaluations, psych ed’s, etc.
The problem with these reports is they are usually very long and quite ambiguous.
Canada Revenue receives thousands of applications per month; they want to determine in under ten minutes. They also do not have the qualifications to interpret such reports.
They will NOT read 27 pages to really grasp what is going on and then approve. What they WILL do, is skim it over and pick out the positive phrases such as “falls within the average range.”
It does not matter how many topics are covered that clearly show a child does NOT fall within the average range. They will use the positive to deny.
The most challenging problem I face when helping people try to overturn a denial is these cases. Once CRA has reports on file that point out a few strong areas, it is challenging to overturn their decision no matter what else is submitted. They will keep coming back to those one or two phrases that point out a child’s strengths.
You should send reports ONLY if CRA asks. They occasionally ask for reports to prove a child has been under the care of a doctor for the length of time they are applying for.
4. You sent the Wrong Information
As mentioned, focusing only on the diagnosis and not the effects of impairment would be the wrong information.
Another pervasive problem with wrong information is an application focused on problems at school. Many doctors seem to be under the impression that the purpose of the Disability Tax Credit is to help with school. I’m not sure where that idea came from, but They will deny it if school is the focus. Academics do not qualify. (Neither does not being able to drive, hold a job, manage a bank account, or general chores around the house).
The effects of a child’s impairment who has ADHD or ASD or other similar neurobiological conditions MUST EXIST IN ALL SETTINGS and MUST EFFECT BASIC DAILY LIVING SKILLS such as self-care, simple instructions, impulse control, problem-solving, age-appropriate decision making, etc.
5. Your Child Actually Does Not Qualify (in CRA's view anyway)
It is actually quite rare a denial is truly based on a child not qualifying. 9 times out of 10, the problem is one I have listed above. BUT, some kids are just not disabled enough to be approved. CRA approved children with SEVERE disabilities only.
WHAT IS THE SOLUTION?
Review this article, which explains your options if you have been denied.
Please feel free to contact us. We are happy to look over denied applications to point out what caused the denial and give input into the appropriate next steps.
We can also assist you with requests for reconsideration or new applications.
I charge a fee to complete them myself, OR I will work with you and give you direction and pointers FOR FREE to complete them for yourself.
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