On this page
Decision
[1] The Claimant is not entitled to a longer period of retroactivity for her Canada Pension Plan (CPP) disability pension.
Overview
[2] The Claimant has terminal cancer. She was diagnosed with Lobular cancer in July 2014. The Minister received the Claimant’s application for the disability pension on January 12, 2018. The Minister allowed the claim and provided the maximum amount of retroactivity allowed under the CPP. The Claimant requested a reconsideration decision for the purpose of additional retroactive benefits. The reconsideration request was denied. The Claimant appealed the reconsideration decision to the Social Security Tribunal.
[3] To qualify for a CPP disability pension, the Claimant must meet the requirements that are set out in the CPP. More specifically, the Claimant must be found disabled as defined in the CPP on or before the end of the minimum qualifying period (MQP). The calculation of the MQP is based on the Claimant’s contributions to the CPP. I find the Claimant’s MQP to be December 31, 2015.
Issue(s)
[4] Is the Claimant entitled to a longer period of retroactive benefits under the Canada Pension Plan?
Analysis
The Claimant is not entitled to a longer period of retroactive benefits under the Canada Pension Plan
[5] The Claimant filed her notice of appeal in January 2018. There is a deeming provision in the CPP that allows for an earlier date of disability. However, that is limited to 15 months before the date the disability application is received by the MinisterFootnote 1. In the Claimant’s case her deemed date of disability was therefore October 2016. The Minister accepted this date as her deemed date of disability. Benefits under the CPP begin four months from the date of disability. The Minister provided benefits to the Claimant retroactively to the Claimant from February 2017. Accordingly, the Minister has provided the Claimant with the maximum allowable retroactive entitlement under the CPP.
The incapacity provision cannot be used to advance the Claimant’s disability application
[6] I find the incapacity provision cannot be used to advance the Claimant’s disability application to an earlier date.
[7] The only exception to the rule of maximum retroactive benefits is if the Claimant was not able to form or express an intention to apply for the benefit before the date she actually appliedFootnote 2.
[8] The capacity to form the intention to apply for benefits is not different in kind from the capacity to form an intention with respect to other choices, which present themselves to an application. The fact that a particular choice may not suggest itself to an applicant because of her worldview does not indicate a lack of capacityFootnote 3.
[9] I heard from the Claimant that she went through Chemotherapy for approximately 7 months after her diagnosis of cancer. At that point, in time, her brother came to her door and asked her to take care of his daughter as he too was dying of cancer. She obliged him and took her niece under her care.
[10] The Claimant told me that throughout this time her mind was in a bizarre state. She had people caring for her and helping her to attend appointments. However, she also told me that she would engage with Service Canada to assist her niece with getting benefits once her father died.
[11] The Claimant also acknowledged that the reason she did not apply for benefits earlier is that she did not know that it was available. She also told me that throughout this time period she was able to drive although did not do so often as it was dependent on how she felt that day.
[12] Capacity assessment is not limited to decision making contexts. Activities such as driving, credit card usage and the Claimant’s decision not to carry passengers in her car for safety reasons may be considered to be relevant for the purposes of assessing incapacity.Footnote 4
[13] In this case, the facts do not support a finding of incapacity, as that term is understood in the CPP. The Claimant while terminally ill and severely disabled did not evidence being unable to make day-to-day decisions. She decided to take in under her care, her niece, was able to engage in activities such as driving, and advocated for her niece to receive a survivor’s benefit under the CPP when her father passed away.
[14] The Claimant told me that she wanted this money for her niece who will have no family once she passes away. She told me that it is completely unfair that she cannot obtain a longer period of retroactive benefits given that her disability goes back to 2014. I sympathize with the Claimant, both for her purpose of appeal and her sentiment respecting retroactivity. However, I am obliged to interpret and apply the CPP. I have no power to change a decision based on what is fair, only based on meeting the legislative requirements in the CPP.
[15] As such, I must deny the appeal as I have found that the Claimant did not have a period of incapacity as set out in the CPP.
Conclusion
[16] The appeal is dismissed.