Other Canada Pension Plan (CPP)

Decision

[1] On consent, I am allowing the appeal, and I find that the Applicant is eligible for a disability pension.

Overview

[2] L. M. is the Applicant in this case. She argues that she is unable to work due to essential tremor. In addition, she experiences anxiety, panic attacks, anguish, and pain. She says that she has been unable to work since 2010 because of these conditions.

[3] In March 2017, the Applicant applied for a disability pension under the Canada Pension Plan (CPP). The Minister of Employment and Social Development decided that she wasn’t eligible for this pension.

[4] The Applicant appealed this decision to the Social Security Tribunal’s General Division. However, it dismissed the Applicant’s appeal.^{Footnote 1}

[5] The Applicant is now appealing the General Division decision to the Appeal Division. But the parties have reached a consent agreement that settles the issues under appeal.

The parties agree on the outcome of the appeal

[6] The parties to the appeal have asked me to make a decision based on the consent agreement they reached.^{Footnote 2}

[7] In summary, the parties agree as follows:

1. a) The General Division made an error of law by not considering all of the Applicant’s medical conditions together.^{Footnote 3}
2. b) In this situation, I should allow the appeal and give the decision the General Division should have given.^{Footnote 4}
3. c) Taking into account all of the Applicant’s medical conditions together and assessing her situation in the real world, the Applicant has established that she has been disabled under the CPP since October 2010, when she stopped working.
4. d) Under the CPP, a person can’t be deemed disabled more than 15 months before the Minister receives their application.^{Footnote 5} Because of this, the Applicant is deemed disabled as of December 2015.^{Footnote 6}
5. e) The Applicant is entitled to disability benefits as of April 2016.^{Footnote 7}

I accept the proposed outcome

[8] Based on the information available to me, I am allowing the appeal in line with the consent agreement outlined above.

[9] In particular, the General Division focused on the Applicant’s shaking. However, she had other medical conditions that the General Division should have also considered. For example, the Applicant also provided evidence that she experiences anxiety, panic attacks, anguish, and pain. These conditions have also had a significant impact on her employability.^{Footnote 8}

Conclusion

[10] I am allowing the Applicant’s appeal. The General Division made an error of law. In the circumstances, I find that the Applicant is eligible for a disability pension under the CPP as of April 2016.