Welcome to the 2023 Long Term Disability Nova Scotia Guide for Nova Scotia, drawn from my extensive experience as a disability lawyer who has assisted numerous individuals in securing long term disability benefits from insurance providers and government programs.
If you have questions about this guide or any disability claim issue, please feel free to contact our support team at (888) 732-0470.
Keep on learning, and I wish you all the best with your journey.
— David Brannen, disability lawyer and founder of Resolute Legal
Long term disability Nova Scotia guide
This is your complete guide to long-term disability in Nova Scotia. In this article, we review how long-term disability works, what disability benefits in Nova Scotia you can get, and how to apply for them.
Let’s dive in.
What qualifies for long-term disability in Nova Scotia?
What is considered a disability in Nova Scotia? In theory, any medical condition can qualify for long-term disability in Nova Scotia as long as the person meets the program’s requirements and definition of disability. The following are some examples of conditions that may qualify for long-term disability:
Now that you understand that any condition can qualify for LTD benefits let’s briefly overview what long-term disability means.
What is Long-Term Disability in Nova Scotia?
Long-term disability has a couple of meanings. Typically, it refers to an illness or injury that prevents you from working for a prolonged period of time. You must be off work for 17 weeks for your disability to be considered “long-term.” Short-term disability, on the other hand, is usually 17 weeks or less.
Long-term disability can also refer to different disability benefits programs. In Nova Scotia, you can get long-term disability benefits through individual and group insurance policies and provincial and federal programs. These programs all have different eligibility criteria. However, all of them require a serious and permanent disability.
To learn more about long term disability benefits in general, check out our long term disability Canada guide.
List of Nova Scotia disability benefits
There are various long-term disability benefits available to people who reside in Nova Scotia. However, each program has different eligibility criteria.
Long-term disability insurance
CPP Disability
CPP disability is another disability benefit available to people who live in Nova Scotia. The federal government runs this program.
To qualify for CPP disability, you must have a severe and prolonged disability. In other words, it must prevent you from doing substantially gainful work. “Substantially gainful work” refers to a job that pays at least $17,000 per year. Also, to be eligible for CPP disability, you must have paid into the Canada Pension Plan. So, if you worked, you would have paid in through your payroll taxes.
If you qualify, CPP disability pays a maximum of $1,457 per month (in 2022). Payments go until age 65.
Nova Scotia disability support program (DSP)
The Disability Support Program is another long-term disability benefit you could receive. The DSP is a provincial program that provides support for children, youth, and adults with disabilities through residential and at-home support programs.
To qualify for the NS disability support program, you must have one of the following disabilities:
- Intellectual disability
- Long-term mental illness
- Physical disability
Based on the program’s Standard Household rate and your household composition, those who are eligible receive monthly funding for shelter and other personal costs.
There are three kinds of household rates:
- Rent/Own: for people who rent or own a home
- Board: for people who live in a shelter
- Essentials: provided to people who are in hospitals, rehabilitation programs, youth facilities or homeless shelters and are not receiving the rent, own or board standard household rate.
Workers’ Compensation Board (WCB) of Nova Scotia
Most employers in Nova Scotia are legally required to register with WCB Nova Scotia. The WCB provides monthly benefits to workers who get injured on the job. To qualify for WCB, you must suffer a work-related injury or illness and work for an employer who is covered by the program.
The WBC offers two types of long-term disability benefits for workers who have become permanently injured on the job: Permanent Impairment Benefit (PIB) and Extended Earnings Replacement Benefit (EERB).
Permanent Impairment Benefit Nova Scotia (PIB)
The PIB compensates for permanent impairment caused by a workplace injury. Eligibility is determined by a review of medical information and a permanent medical impairment (PMI) assessment. This assessment allows your case worker to set your permanent impairment (PI) rate.
The PIB calculation:
PIB = (PI x 30%) x (85% x net average weekly earnings)
Extended Earnings Replacement Benefits (EERB)
The other benefit you could receive through WCB is the EERB. This benefit replaces the permanent loss of earnings, but only if lost earnings exceed the amount of your Permanent Impairment Benefit. You may be eligible for the EERB if your injury is so severe that you cannot return to work at pre-injury earnings.
Nova Scotia disability tax credit
The Disability Tax Credit is another disability benefit in Nova Scotia. But unlike the other programs, it does not provide a monthly payment. Instead, it gives a refund on federal income taxes paid. So, to qualify for it, you need to be paying taxes. Or, you need to be dependent on someone who does. In that case, however, the other person receives the benefit — not you.
If you have a child with a long-term disability, then you can qualify for the child disability benefit. With this benefit, you receive a monthly payment. To qualify, however, you must be eligible for the Canada Child Benefit. In addition, your child must meet the criteria for the disability tax credit.
Exclusive long term disability Nova Scotia plans
There are several long-term disability plans exclusive to Nova Scotia. Some of these include the Nova Scotia Public Service Long-Term Disability Plan Trust Fund, the Nova Scotia Association of Health Organizations Long-Term Disability Plan, and the Nova Scotia Teachers Union LTD Plan — a mouthful I know.
Nova Scotia Public Service long-term disability plan trust fund
The Nova Scotia Public Service Long-Term Disability Plan Trust Fund was established in 1985 by the Nova Scotia Government and General Employees Union (NSGEU). It provides long-term disability benefits to public sector employees.
To qualify for this plan, you must have an illness or injury that prevents you from doing the regular duties of your occupation. You also have to be a Nova Scotia public service employee covered under the plan.
For employees whose elimination period commences on or after January 1, 2009, the bi-weekly benefit for the first three years is 65% of your normal salary with a maximum benefit of $4,375 (bi-weekly). After three years, the benefit is increased to 70% of your regular salary with a maximum benefit of $4,711.54 bi-weekly.
Nova Scotia Association of Health Organizations (NSAHO) long-term disability plan
The NSAHO Long-Term Disability Plan serves the health and health-related organizations in Nova Scotia. This coverage is mandatory for all permanent employees who work for organizations that are members of the Nova Scotia Health Association.
To qualify for NSAHO, you must meet the following criteria:
- Be a permanent employee at a member organization of the Nova Scotia Health Association
- Work at least 28 hours every two weeks
- Actively working at the time, your disability happens (not on sick leave or any other type of leave)
- Meet all the criteria for ‘total disability
- Unable to do the regular duties of your work for at least 150 days
If you are a full-time employee, you will be eligible to receive a monthly benefit equal to 70% of your gross monthly salary.
If you are a part-time employee, you will receive a monthly benefit equal to your gross monthly salary, averaging over six months preceding the date of your disability.
NTSU long term disability (Nova Scotia Teachers Union LTD Plan)
The NSTU LTD Plan is for teachers who reside in Nova Scotia. To qualify for it, you must be unable to attend work for a prolonged period of time due to illness or injury. All teachers not on unpaid sick leave as of June 30, 2014, will be automatically enrolled in the plan.
The amount you will receive is based on 70% of the actual recorded gross monthly salary earned at the time the claim commences. Benefits are adjudicated by Manulife Financial and administered by Johnson Inc.
Nova Scotia disability grants
The province of Nova Scotia offers several grants for people with disabilities. Keep reading to learn more about what grants you may be eligible for.
HST rebate on a computer for a person with disabilities
The Nova Scotia Government offers a tax rebate of up to $375 to modify a computer for the use of a person with a disability. In order to be eligible, you need to apply for the rebate within 24 months of the date you bought the computer, and you must suffer from a disability that affects one or more of the following:
- Vision
- Hearing
- Mental or physical abilities
To learn more, click here.
HST rebate on a vehicle for a person without the complete use of their legs
Nova Scotia also offers a rebate of up to $3,750 for the purchase of a vehicle for someone who has lost the complete use of their legs.
You may be eligible for the grant if you meet the following criteria:
- you’ve lost the complete use of both your legs
- you have a valid Driver’s Licence
- you use the vehicle for personal transportation
- The vehicle is the only motor vehicle currently registered in your name with the Registry of Motor Vehicles and hasn’t already received the rebate (the rebate can only be applied to 1 registered vehicle at a time)
To learn more, click here.
Nova Scotia Grant for Services and Equipment
Individuals with disabilities who are furthering their education beyond high school may qualify for grants that do not need to be repaid. These grants are intended to cover the costs of disability-related services and necessary equipment that facilitate their participation in their chosen academic pursuits. To apply for this grant, you must complete a separate online application, which can be found within your MyPATH account.
Examples of the services and equipment covered by this grant may encompass:
- Tutoring services
- Note-taking assistance
- Support from a learning strategist
- Text-to-speech or voice dictation software
- Technical aids and tools
Community ACCESS-Ability Program
The Community ACCESS-Ability Program, which is funded by the government of Nova Scotia, offers cost-shared grants to community groups who are making accessibility-related improvements. The program may cover up to two-thirds of the costs of these renovations and or equipment. The participating organization must also raise at least one-third of the funding, and the organization can only receive funding for one project per year under the program.
Nova Scotia disability rates 2023
You may be wondering how much disability is in Nova Scotia. While we can’t provide you with an exact number, this is what you can expect for each program.
| Type of Benefit | Nova Scotia disability amount (2024) | How Long Paid |
|---|---|---|
| Group LTD Insurance | 60 to 70% of your wages | To age 65 |
| Private Insurance | A fixed monthly amount is stated in the policy. Amount varies. (e.g., 5,000 per month) | To age 65 or more |
| CPP Disability | $1,127.30 (Average for new beneficiaries October 2023) and $1,606.78 (Maximum 2024) | To age 65 |
| Disability Support Program (DSP) | $608 to $1,393 in 2022 (depending on household composition and type of household) | Indefinitely, as long as you continue to meet eligibility requirements |
| Workers’ Compensation Board of Nova Scotia (WCB) | 85% of net earnings-loss. Maximum payment of $69,800 in 2022 | Age 65 |
Long-term disability insurance rates
In Nova Scotia — and the rest of Canada– long-term disability either pays a percentage of your wages (i.e. 60-70% of your pre-disability income) or a fixed amount (i.e. 5,000 per month), read your benefits booklet or talk to your plan administrator to find out exactly how much your plan pays.
CPP disability Nova Scotia rates
As of October 2023, the average monthly CPP disability payment was $1,127.30 per month. While the maximum payment amount anyone could receive in 2024 is $1,606.78. Your payment is calculated based on how much you contributed to the program. So, the more you contribute, the higher your payment will be.
DSP Nova Scotia rates
Nova Scotia DSP payment amounts are based on the program’s Standard Household rate and your household composition. So, aside from those who fall in the ‘Essentials’ category, you may be eligible to receive between $608 to $1,393 in 2022 — where you fall in this range will depend on your household composition and whether you rent/own or lives with family in the Flex Living with Family Program.
There are three kinds of household rates:
- Rent/Own: for people who rent or own a home
- Board: for people who live in a shelter
- Essentials: provided to people who are in hospitals, rehabilitation programs, youth facilities or homeless shelters and are not receiving the rent, own or board standard household rate.
WCB long term disability rates
WCB payouts for injuries in NS can vary based on a variety of factors, such as what benefits you are eligible for, your pre-disability income and whether the injury is permanent or long-term. However, if you are merely eligible for the Temporary Earnings Replacement Benefit, you can expect to receive the following amounts:
- 75% of your net earnings loss for up to 26 weeks after your injury occurs
- 85% of your net earnings loss after 26 weeks,
WCB also offers long-term disability benefits for people who suffer from permanent injuries or illnesses:
- Permanent Impairment Benefit (PIB)
- Extended Earnings Replacement Benefit (EERB)
WCB PMI payout in NS
The PIB serves as a form of compensation for permanent impairments resulting from a workplace injury. Qualification for this benefit is contingent upon a thorough examination of medical records and a comprehensive evaluation of your permanent medical impairment (PMI). This evaluation enables your case worker to establish your permanent impairment (PI) rate.
The PIB calculation is as follows:
PIB = (PI x 30%) x (85% x net average weekly earnings)
Extended Earnings Replacement Benefit (EERB) in NS
The EERB is another monthly benefit for people who have a permanent impairment. But this benefit is designed to account for a loss of income for people whose injuries are so severe they can’t return to work at their pre-disability income. Keep in mind these benefits are only given to people whose lost earnings are greater than the amount of their PIB.
So, how much does the EERB pay? The amount of the EERB, if it is payable within the first 26 weeks of compensation, will be 75% of the worker’s net loss of earnings (LOE) less the Permanent Impairment Benefit (PIB) for that injury. After 26 cumulative weeks of compensation, the amount of the EERB will be increased to 85% of the worker’s net loss of earnings, less the PIB for that injury.
How to apply for disability in Nova Scotia
In this section, we give you a step-by-step process on how to apply for long term disability in Nova Scotia.
1. Figure out what plan covers you
The first thing you need to do is find out if you are eligible for any of the plans or programs. There are several long-term disability benefits and programs available in Nova Scotia. So, it is important to determine what program covers you.
You can start this process by considering where your injury happened. For example, if you got injured at work, you should apply for Worker’s Compensation. Seek legal advice if you are unsure if your injury was work-related.
If you did not suffer a workplace injury or illness, you should check to see if you have group benefits through your employer. If so, you should find out if you have long-term disability coverage under the plan.
Another possibility is you may have an individual disability insurance policy. You would have bought this directly from an insurance company. If you think this may be the case, contact your insurance broker or find a copy of your policy.
However, if none of these options apply to you, check to see if you qualify for CPP disability. Try to remember if you paid into CPP. This would include receiving a paycheque with payroll deductions. If you paid into CPP at least four of the last six years leading up to when you stopped working, you would have coverage.
Additionally, if you are a teacher, healthcare worker, or public-sector employee, you may have coverage under your organization’s long-term disability plans.
2. Get support from your doctor
If you want to win disability benefits, you need support from your doctor. We strongly advise against applying for disability benefits without your doctor’s approval. Book an appointment and talk to your doctor about your options.
3. Get the correct Nova Scotia disability form
This step involves locating all the application forms for your specific plan or program. You can ask the insurance company or your employer for these forms. For some programs and plans, you can also find them online.
4. Complete the application forms
For most programs, there are three forms in the Nova Scotia disability application: one you fill out, one your doctor fills out, and one your employer fills out.
You are responsible for completing the notice of claim form. This is a critical form, so take your time filling it out. Keep in mind your responses should be complete and accurate. Send the notice of claim form to your benefits provider once you complete it.
You also need to get a medical report from your doctor. All benefit plans require this. We recommend booking an appointment with your doctor, where you solely review this form. Your doctor will then fill out the form and give it back to you to send in yourself. Or they can send it directly to your provider.
With workers’ compensation and long-term disability insurance, you need an additional form from your employer. Your employer is responsible for submitting an employer’s report. However, you do not need to provide this form to your employer. It is a standard form, so they should have copies.
5. Write a cover letter and submit your application
Like applying for a job, submitting a cover letter with your long-term disability application can be beneficial. This letter should be short and to the point. So, don’t overload it with unnecessary information. It should explain what documents are attached and highlight important details.
6. Attend an interview with your claim representative
Once your application is submitted, the insurance provider will assign a claim representative to your case. This representative is responsible for deciding whether your claim is approved or denied. Usually, the claim representative will ask to interview you over the phone. In the interview, they will want to clarify aspects of your claim, and they may ask for additional medical information.
We recommend that you prepare for this call in advance. So you can explain your circumstances accurately. Remember, this person decides whether your claim is approved or denied — so take this call seriously.
7. Wait for the decision
Once your interview is over, you may need to send additional medical information to your claim representative — should they ask. Make sure to cooperate with them and get them everything they need. After you have submitted all the required information, the waiting game begins.
We know waiting for the decision is often the hardest part of this process. However, try to keep a positive mindset. Even if your claim gets denied, one of our Nova Scotia long term disability lawyers can appeal the decision.
Having trouble with a Nova Scotia long term disability claim?
Many people can obtain long-term disability benefits without hiring an LTD lawyer. However, in some cases, seeking legal support is necessary. If you are looking to hire a lawyer or advocate, you should do your research. It is best to hire a long-term disability lawyer or someone who is experienced with the process.
At Resolute Legal, we have successfully represented many people from Nova Scotia in long-term disability claims. We have represented people at all claims stages, including applying for benefits, internal appeals, legal appeals, and lawsuits. If you’re dealing with an appeal, we can review your situation and offer suggestions to improve your chances of success. This is part of our free claim review.
Long term disability denied? Call us toll-free today at (888) 732-0470 or book a free consultation.
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