Canada Pension Plan (CPP) disability

Decision

[1] The Claimant cannot cancel his Canada Pension Plan (CPP) retirement pension for a CPP disability pension.

[2] The Claimant is not eligible to receive a Post-Retirement Disability Benefit (PRDB).

Overview

[3] The Minister asked me to summarily dismiss this appeal because it has no reasonable chance.

[4] The Minister argues that the Claimant cannot cancel his retirement pension for a disability pension because he received the retirement pension for more than 15 months before applying for the disability pension.^{Footnote 1}

[5] The Minister also argued that the Claimant was not eligible for the PRDB because he did not meet the eligibility requirements for that benefit.^{Footnote 2}

Analysis

[6] I must summarily dismiss an appeal if it has no reasonable chance of success.^{Footnote 3} An appeal has no reasonable chance of success where it is plain and obvious on the record that the appeal is bound to fail.^{Footnote 4}

The Claimant cannot cancel his retirement pension in favour of a disability pension

[7] Claimants cannot collect a retirement pension and disability pension at the same time.^{Footnote 5} Claimants can request the cancellation of a benefit if they request the cancellation in writing within six months after the payment of the benefit began.^{Footnote 6} The Claimant did not make such a request in this case.

[8] Claimants can still request the cancellation of a retirement pension in favour of a disability pension if the claimant is “deemed” disabled the month before the retirement pension began.^{Footnote 7} The earliest a claimant can be “deemed” disabled is 15 months before they made the disability application.^{Footnote 8} This means that the CPP does not allow for the cancellation of a retirement pension in favour of a disability pension where the disability application is made 15 months or more after the retirement pension first became payable.

[9] The record shows that the Claimant started receiving his retirement pension in May 2018.^{Footnote 9} The Minister did not receive the disability application until August 16, 2019.^{Footnote 10} Since the Claimant applied for the disability pension in August 2019, his earliest deemed disability date is May 2018, which falls in the same month he began receiving his retirement pension. This means that the Claimant cannot cancel his retirement pension for the disability pension because the Claimant’s deemed disability date falls in or after the month that his retirement pension first became payable.

[10] I gave the Claimant notice in writing of my intent to summarily dismiss this appeal as required by section 22 of the Social Security Tribunal Regulations.

[11] The Claimant responded to my notice. He argued that he did not begin receiving his retirement pension until January 2019.^{Footnote 11} The Minister deposited $2,888.96 into his bank account in or around January 11, 2019.^{Footnote 12} The Minister then sent him a cheque for $369.43 that represented his monthly retirement pension amount on January 29, 2019.^{Footnote 13} The Claimant argued that he is eligible cancel the retirement pension because he began receiving his retirement pension in January 2019, which falls within 15 months of when he applied for the disability pension in August 2019.

[12] I disagree with the Claimant.

[13] When I interpret a statute, I have to consider the ordinary meaning of the words used and the statutory context in which they are found. When the words of a law are clear, the ordinary meaning of the words play a dominant role when you interpret the law.^{Footnote 14}

[14] The CPP has clear wording. The Claimant cannot cancel his retirement pension for a disability pension because his deemed disability date falls in or after the month for which the retirement pension first became payable.^{Footnote 15} The CPP does not refer to when the Claimant actually received his retirement pension when it discusses the test for cancelling a retirement pension in favour of a disability pension.

[15] The record in this case is clear. The Claimant’s retirement pension first became payable in May 2018.^{Footnote 16} He applied for the disability pension in August 2019, 15 months after his retirement pension first became payable. He therefore cannot cancel his retirement pension for a disability pension because he applied for the disability pension 15 months after his retirement pension first became payable.

[16] I feel sorry for the Claimant. He did not apply for a disability pension earlier because he waited to receive a medical diagnosis for Meniere’s disease. However, the Tribunal was created by law. I can only make decisions that I have the power to make under the Tribunal’s enabling legislation.^{Footnote 17} I must follow the letter of the law. I cannot make decisions on compassionate grounds.^{Footnote 18} I cannot rule that the Claimant can cancel his retirement pension for a disability pension because I am sympathetic towards him. The law does not allow me to do so.

The Claimant cannot receive a PRDB

[17] The PRDB was created in January 2019. It provides disability protection for CPP retirement pensioners who are disabled on or after their retirement pension start date and have not reached age 65. In order to receive a PRDB, a claimant must be under 65 and have a minimum qualifying period (MQP) in January 2019 or later.

[18] The calculation of the MQP is based on a claimant’s valid CPP contributions. The Claimant had more than 25 years of valid CPP contributions.^{Footnote 19} This means that when calculating the Claimant’s MQP, the Minister must take into consideration three out of the last six years in which the Claimant made valid CPP contributions during his contributory period.^{Footnote 20} The Claimant last made valid CPP contributions in 2011, 2012, and 2013. The Claimant therefore has a December 31, 2016 MQP. The Claimant is not eligible for a PRDB because he does not have an MQP in January 2019 or later.

[19] I therefore find that this appeal has no reasonable chance of success. It is plain and obvious on the record that this appeal is bound to fail.

Conclusion

[20] The appeal is summarily dismissed.