Canada Pension Plan (CPP) disability

Decision

[1] A. D. is the Claimant in this case. He applied for a Canada Pension Plan (CPP) disability pension in March 2017. The Minister of Employment and Social Development (the Minister) denied his application. The Claimant appealed the Minister’s decision to the Social Security Tribunal (the Tribunal).

[2] I feel sorry for the Claimant because I believe that he has a serious medical condition that stops him from working. But I have to dismiss his appeal under the CPP.

[3] These reasons explain why.

Analysis

[4] The Claimant was born in Turkey in 1959. He went to school there for five years. He worked as a textile worker for 6 years in Turkey. He came to Canada in 1986. He worked in labouring jobs as a cleaner and at a bakery. He most recently worked as a self-employed mover. He testified that he was healthy and able to work until he had a car accident in January 2014. He has not worked since because of his accident injuries. He suffers from chronic back, shoulder, neck, and leg pain. He also suffers from severe depression and anxiety.

[5] In order to receive a disability pension, the Claimant has to meet the requirements that are set out in the law that deals with CPP disability benefits. First, the Claimant has to meet the contribution requirements. The legal term for this is the minimum qualifying period (MQP).^{Footnote 1}

[6] Second, the Claimant has to have a disability that is severe and prolonged before his MQP date to receive a disability pension.^{Footnote 2} The Claimant cannot receive a disability pension if he became disabled after his MQP date. A severe disability means that the Claimant is incapable regularly of pursuing any substantially gainful occupation. A disability is prolonged if it is likely to be long continued and of indefinite duration or is likely to result in death.^{Footnote 3}

The Claimant has a December 31, 1999 MQP date.

[7] After reviewing the Claimant’s Record of Earnings (ROE), I find that his MQP date is December 31, 1999.^{Footnote 4} The ROE shows that the Claimant made valid contributions to the CPP for 16 years. That means that I have to choose the last date when the Claimant made valid contributions to the CPP in four out of the last six years, which was December 31, 1999.^{Footnote 5}

[8] The Claimant stated on his disability application that he lived in Turkey. The Minister decided to look into whether the Claimant worked in Turkey, and whether the work that the Claimant did in Turkey would affect his MQP.

[9] The CPP allows the Canadian government to make agreements with other countries that can help applicants qualify for CPP benefits.^{Footnote 6} Canada has a social security agreement with Turkey. The Canadian-Turkish social security agreement potentially helps claimants become eligible for a CPP disability pension because it allows the Minister to totalize or add up the number of years that a claimant contributed to the Canadian and Turkish social security systems.^{Footnote 7}

[10] The Minister received confirmation from the Turkish government that the Claimant contributed for six years to their social security system from 1981 and 1986.^{Footnote 8}

[11] When you add up the number of years that the Claimant contribution to Canada and Turkey’s social security systems, you come up with a figure of 22 years. Had that figure been 25 years, the Claimant’s MQP would have changed. That is because when someone makes valid contributions for at least 25 years, I can take three out of the last six years of the Claimant’s contributory period when I calculate his MQP.^{Footnote 9} But I cannot change the Claimant’s MQP. I agree with the Minister that the Claimant has a December 31, 1999 MQP. That means that the Claimant must have been disabled under the CPP on or before that date.

I cannot award the Claimant a disability pension. He became disabled after his MQP date.

[12] I accept that the Claimant cannot work because of the injuries he sustained in his January 2014 car accident. He still suffers from depression and chronic pain that prevent him from working at the physical jobs he did in the past. He does not have the language or educational skills to upgrade his education. I also believe that his pain levels affect his concentration to the point where he cannot perform any type of sedentary job. His psychiatrist drafted reports where he stated that the Claimant is totally disabled from performing any substantially gainful occupation. The Claimant’s psychiatrist stated that he has trouble planning, organizing, multi-tasking, problem solving, and concentrating because of the car accident.^{Footnote 10}

[13] The test for a severe disability under the CPP is clear. The Claimant had to show that he had a severe and prolonged disability by December 31, 1999. The Claimant testified that he continued working until January 2014. I therefore cannot award the Claimant a disability pension.

[14] I want to point out that I sympathize with the Claimant. He was a pleasant witness at his hearing, and his personal representative spoke eloquently on his behalf. I accept that the Claimant has a serious medical condition. I also sympathize with the Claimant because he cannot work. Even though he continues to receive benefits from his automobile insurance company, he must be under financial stress.

[15] However, the Tribunal is created by law. I can only make decisions that I have the power to make under the Tribunal’s enabling legislation.^{Footnote 11} I must follow the letter of the law. I cannot make decisions on compassionate grounds.^{Footnote 12}

[16] The law does not allow me to award the Claimant a disability pension. He does not meet the test for a CPP disability pension because he became disabled after his December 31, 1999 MQP date.

Conclusion

[17] The appeal is dismissed.