What if Canada Pension Plan states that it will not provide disability benefits in the absence of objective laboratory tests?
The case law in most of Canada provides that on appeal the court system will award disability benefits if the court believes the individual is in fact disabled and is not exaggerating his condition in the hope of obtaining benefits. For this reason, even where there are no objective results, a lawyer can still successfully obtain disability benefits on behalf of a client. The key in such cases will be the client=s credibility. If a Review Tribunal or Pension Appeal Board is convinced that the individual is in fact disabled, they will usually ultimately receive benefits even if an accurate Alabel@ cannot be placed on the illness.
