Canada Pension Plan (CPP) disability

Decision and reasons

Overview

[1] The Appellant was receiving a CPP disability pension. This was converted to a CPP retirement pension when the Appellant reached the age of 65. The Appellant requested reconsideration of the Respondent’s decision to convert his CPP disability pension to a CPP retirement pension. The Respondent denied this request on reconsideration. The Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on February 25, 2020.

[2] Subsection 53(1) of the Department of Employment and Social Development Act (DESD Act) states that the General Division must summarily dismiss an appeal if satisfied that it has no reasonable chance of success (Miter v Canada (A.G.), 2017 FC 262).

[3] The Tribunal has decided that this appeal has no reasonable chance of success for the reasons set out below.

Evidence

[4] The Appellant’s date of birth is X. He turned 65 years old in June 2019.

[5] The Appellant’s first application for a CPP disability benefit was approved with an effective date of July 1988. His CPP disability benefits were stopped effective May 1, 1990.

[6] The Appellant’s second application for a CPP disability benefit was approved with an effective date of October 1990. His CPP disability benefits were stopped effective July 2019. He began receiving a CPP retirement pension and Old Age Security pension effective July 2019.

Submissions

[7] The Appellant was given notice in writing of the intent to summarily dismiss the appeal and was allowed a reasonable period of time to make submissions as required by Section 22 of the Social Security Tribunal Regulations (Regulations).

[8] The Appellant did not respond to the Notice of Intention to Summarily Dismiss dated May 26, 2020. However, the Appellant submitted in his Notice of Appeal that his disability is ongoing and will only worsen with age.

[9] The Respondent submitted that:

1. A retirement pension replaces the disability pension, effective the month the pensioner reaches age 65. An application is not required and the pension is converted automatically.
2. The Appellant’s benefit ceased to be payable effective July 1, 2019. His CPP retirement application was deemed to have been received and payment started July 2019.

Analysis

[1] I will consider whether the Appellant continues to be eligible to receive the CPP disability pension.

[2] Paragraph 44(1)(b) of the CPP sets out the eligibility requirements for the CPP disability pension. To qualify for the disability pension, an applicant must:

1. a) Be under 65 years of age;
2. b) Not be in receipt of the CPP retirement pension;
3. c) Be disabled; and
4. d) Have made valid contributions to the CPP for not less than the Minimum Qualifying Period (MQP).

[3] Paragraph 70(1)(c) states that a disability pension ceases to be payable for the payment for the month the beneficiary reaches 65 years of age. In this case, you reached the age of 65 in June 2019. You no longer qualified for the CPP disability pension.

[4] Pursuant to subsection 70(2), an application for a retirement pension is deemed to have been made in the same month as a disability ceases because the recipient turned 65. Therefore, you were deemed to have made an application for a CPP retirement pension in June 2019.

[5] Paragraph 70(1)(c) states that the CPP retirement pension begins the following month. Your CPP retirement pension began the following month in July 2019.

[6] The Tribunal is created by legislation and, as such, it has only the powers granted to it by its governing statute. The Tribunal is required to interpret and apply the provisions as they are set out in the CPP.

[7] The Tribunal finds that you no longer qualify for the CPP disability pension because you reached the age of 65.

[8] Accordingly, the Tribunal finds that the appeal has no reasonable chance of success.

Conclusion

[9] The appeal is summarily dismissed.