Tag Archives: diabetes tax credit

The DTC…We have come a long way. We will win the war!

we will win dtc warThe past few weeks have been incredibly busy and I have never been more proud! I have been battling the Federal government over the Disability Tax Credit since the early 2000s.  There have been victories and most recently there have been setbacks but we have come a long way!!

Let me give you a bit of history.

Back in 2002 or so, a lady named Shelley Tyler took the Canada Revenue Agency to court and won.  She believed that her son was eligible for the Disability Tax Credit because they took an inordinate amount of time to feed him and keep him alive.  Her son had type 1 diabetes.

Mrs. Tyler was kind and shared her experience with others.  I used some of her work in preparing my own application.  Others did as well.

More and more families were applying for the Disability Tax Credit.  They were still being turned down, but even more where refusing to take no for an answer.  They were taking their cases to Tax Court–and winning!

Families like the Chafes were winning the argument that insulin therapy was administered 24 hours a day when using an insulin pump.  This led to a year of qualification for all pumpers.

(The irony of recent comments that the increased use of insulin pump therapy is why applications have been denied is not lost on me. )

Changes were happening.  The diabetes community was roaring.  We were a grassroots group.  The Canadian Diabetes Association was only in the infancy of creating a dedicated Advocacy Office and JDRF was focused on funding research. That was okay because the diabetes community was powerful in its own right.

Together we rallied. We worked on court cases.  Friends and family members contacted their MPs and demanded fairness. The diabetes community was represented at the Federal review of DTC fairness.

The result was legislative change.  Children with diabetes were now given the tax credit based on a certified diagnosis of type 1 diabetes.  Adults were also allowed the credit but their means test was a bit more strict.

Recently there seems to have been a change in how disability tax credit applications are handled for people with diabetes.  We have discussed it before.  One thing hasn’t changed however and that is the power of the diabetes community.

Thanks in part to the power of social media,  the community voice is louder than ever and I couldn’t be more proud!

Diabetes Canada is sending well-spoken, knowledgeable individuals to meet with CRA and voice our concerns.  JDRF has been delving into the issue for months as well.  Together they are creating a powerful voice.  Behind the scenes, there are many more grassroots groups working together.  Everyone is pushing the same  message.  “Diabetes is a 24/7 job.  People living with insulin dependent diabetes take more than 14 hours per week to perform life-sustaining therapy.”

The message is getting out there.  This issue was all over the media.  My Twitter feed has been blown up with articles and Tweets.  I am proud! The diabetes community is coming together.

Some members have voiced their frustration. This should have been finished years ago.  People living with diabetes have enough to deal with.  Fighting their government for a credit that they obviously qualify should not be another stressor. They are right of course.  I totally understand their get their pain.

I have been in this battle since the beginning.  It’s been a long one but please don’t lose hope! This is not a war that is lost.  It is a battle that will see victory.

The diabetes community is a powerful voice.  Canadians with diabetes are coming together in record numbers.  We are using that voice to let CRA and the Minister of Finance know that we are not prepared to back down.

Now is the time to keep the momentum going.  Write your letters to your MPs. Answer the call when one of the diabetes organizations calls looking for your story.  Our voice is strong.  We have come a long way and together we will finally win the war.

How to Fight for the Disability Tax Credit with Type 1 Diabetes

How to fight for the DTC with T1DDiabetes Canada recently released a statement claiming that the Canadian Revenue Agency (CRA) is now declining 80% of applications for the Disability Tax Credit (DTC) submitted by people living with type 1 diabetes.  I cannot confirm or deny these figures. I can state that I am seeing a significant increase in the number of people contacting. They are reaching out because they  or  their clients have been declined for the DTC.

What is going on with the DTC?

No one seems to know.  CRA claims that there has been no change in policy.  Public concern seems to suggest otherwise.

For years, people with diabetes have often received a follow-up letter when they have made their application asking for more details from their doctor.  In the past, that letter was filled out in a similar manner to the initial application and the claim was approved.  This seems to be happening with less frequency now.

People living with diabetes are often receiving a letter stating that “an adult who independently manages insulin therapy on a regular basis generally does not meet the 14 hours per week requirement unless there are exceptional circumstances.”.  In some cases this is followed by a request for more information but in other cases it is part of the denial for their claim.

Does this mean that I should not apply?

No.  People living with diabetes usually spend over 14 hours per week to intensively manage their diabetes.  Granted this does not include all people living with diabetes but does include a large majority.

You should continue to send in your detailed applications. Make sure that you are adding tasks that are approved and that your total is over 14 hours.

What happens after I apply for the DTC?

Once you and your doctor have completed your forms and returned your application, there will be some time before you hear back from CRA.

Odds are high that your doctor will be contacted and asked for more information.  Again, make sure that the follow up letter is detailed. Take care to  clearly show that you spend over 14 hours per week on your diabetes care.

What if I am rejected?

If you are turned down for the Disability Tax Credit, you have a few options.

First you can ask that your file be reassessed by another officer.  Sometimes fresh eyes will give a fresh perspective and the ruling can be changed.

Second, you can formally appeal their decision within the first 90 days of your rejection letter.  This is a detailed process but does not necessarily require a lawyer.  If you choose to go this route (and I would encourage everyone to do so), be sure to keep careful and detailed records. You must also contact CRA for a copy of your file under the Access to Information Act to better understand what you are fighting against.

Write your Member of Parliament

Finally, at any stage of the process, I would encourage you to ask for the assistance of your MP.  Whether you are thinking of applying, have applied or have been rejected, it is important for Members of Parliament to be aware of this situation.  Diabetes Canada has written a great template for people to send to their MP.  Download the letter. Be sure to personalize it to your situation and forward it on.  Remember that letters sent to a Member of Parliament in Ottawa do not require postage.

The more MPs that contact the Finance Department and ask them what is going on, the stronger the case for change and fairness.

Together we were able to get access to this credit for some people living with diabetes over 10 years ago.  Working together again, we will create change for even more individuals!