Canada Pension Plan (CPP) disability

Reasons and decision

Overview

[1] The Appellant appeals a decision dated September 11, 2015 of the General Division, which summarily dismissed her appeal of a decision denying her application for a disability pension under the Canada Pension Plan because it was satisfied that the appeal did not have a reasonable chance of success.

[2] The Appellant filed an appeal of the decision of the General Division on November 26, 2015 (the “Notice of Appeal”). No leave is necessary in the case of an appeal brought under subsection 53(3) of the Department of Employment and Social Development Act (DESDA), as there is an appeal as of right when dealing with a summary dismissal from the General Division. Having determined that no further hearing is required, this appeal before me is proceeding pursuant to subsection 37(a) of the Social Security Tribunal Regulations.

Issues

[3] The issues before me are as follows:

1. Did the Appellant meet all of the requirements for a Canada Pension Plan disability pension?
2. Did the General Division err in choosing to summarily dismiss the Appellant’s appeal?

Factual background

[4] The relevant facts are not in dispute. The Appellant began receiving a Canada Pension Plan retirement pension in April 2012. The Appellant continued working until May 2014, after she learned that she had stage 4 lung cancer. On September 30, 2014, the Appellant applied for a Canada Pension Plan disability pension.

Grounds of appeal

[5] Subsection 58(1) of the DESDA sets out the only grounds of appeal. They are as follows:

1. (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
2. (b) the General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
3. (c) the General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

Submissions

[6] The Appellant acknowledges that she did not apply to cancel her Canada Pension Plan retirement pension within six months, however, she suggests that a Canada Pension Plan disability pension can be approved based on a claimant’s medical condition and its impact upon her ability to work at any job on a regular basis. She argues that she should be entitled to a disability pension as her medical condition is severe and prolonged. She suggests that the General Division failed to consider that she met the requirements for a disability pension.

[7] The Respondent submits that the General Division correctly stated the test for a summary dismissal and that it also correctly set out the law with respect to the cancellation of a retirement pension in favor of a disability pension under the Canada Pension Plan. The Respondent argues that the General Division did not err in its application of the law to the facts. As the Appellant’s application for a disability pension was made more than 15 months after her retirement pension commenced in April 2012, her retirement pension could not be canceled in favor of a disability pension.

[8] The Respondent argues that the facts and the applicable law are uncontested, and that there was only one possible conclusion, which allowed the General Division to summarily dismiss the appeal. The Respondent further maintains that the appeal before the General Division was properly summarily dismissed as it had no reasonable chance of success.

Issue 1: disability pension requirements

[9] As the General Division correctly pointed out, there are certain criteria under paragraph 44(1)(b) of the Canada Pension Plan which a claimant must meet to qualify for a disability pension. Not only must a claimant be disabled, but she cannot be in receipt of a Canada Pension Plan retirement pension. The requirements are conjunctive. In other words, it is not sufficient for a claimant to be disabled, as she must meet each of the criteria.

[10] In this case, the Appellant was already in receipt of a retirement pension when she applied for a disability pension. The Canada Pension Plan however enables a claimant to cancel the retirement pension if she is deemed disabled before the month in which the retirement pension became payable, but the deeming provisions are not available to the Appellant as she did not become disabled until well after she began receiving a retirement pension.

[11] The Canada Pension Plan also allows a claimant to cancel a Canada Pension Plan retirement pension in favour of a disability pension, provided that the request to cancel the benefit is made within six months after payment of the benefit has started. In this case, the Appellant could not have cancelled the retirement pension in favour of a disability pension as she had yet to become disabled within six months after receiving the retirement pension.

[12] The General Division properly applied the provisions of the Canada Pension Plan in finding that the Appellant did not meet all of the requirements to qualify for a Canada Pension Plan disability pension.

Issue 3: summary dismissal

[13] The Appellant did not contest the appropriateness of the summary dismissal of her appeal before the General Division. A summary dismissal is appropriate when there are no issues that can be addressed, when there is no merit to the claim, or as the statute reads, there is “no reasonable chance of success”. On the other hand, if there is a sufficient factual foundation to support an appeal and the outcome is not “manifestly clear”, then the matter is not appropriate for a summary dismissal. A weak case is not appropriately summarily dismissed, as it involves assessing the merits of the case and examining the evidence and assigning weight to it.

[14] The Appellant could not have been deemed disabled earlier than the 15 months maximum retroactivity before her application for a disability pension, nor could she have cancelled the retirement pension in favour of a disability pension as she had yet to become disabled within six months. There were no circumstances upon which the Appellant could have qualified for a Canada Pension Plan disability pension, given the facts of this case. As such, there was no reasonable chance of success and the General Division appropriately summarily dismissed the matter.

Disposition

[15] The appeal is dismissed.