Citation: DL v Minister of Employment and Social Development, 2020 SST 994
Tribunal File Number: GP-20-1061
BETWEEN:
D. L.
Claimant
and
Minister of Employment and Social Development
Minister
SOCIAL SECURITY TRIBUNAL DECISION
General Division – Income Security Section
| DECISION BY: | Patrick O'Neil |
| DATE OF DECISION: | October 28, 2020 |
On this page
Decision
[1] The Claimant is not entitled to a Canada Pension Plan ( CPP) disability pension, or a CPP Post-Retirement Disability Benefit (PRDB).
Overview
[2] The Minister received the Claimant’s application for CPP Disability Benefits on January 17, 2020. The Minister denied the application initially and upon reconsideration. The Minister determined she does not qualify for a CPP disability pension because she has been in receipt of her CPP retirement pension since September 2017. The Minister determined she does not qualify for a CPP PRDB because she has not made sufficient contributions to the CPP to meet the eligibility requirements for a PRDB. She appealed the reconsideration decision to the Social Security Tribunal (Tribunal).
[3] This appeal involves whether the Claimant is statute-barred from receiving a CPP disability pension because she made her application for the disability pension 15 months or more after her CPP retirement pension started to be paid. This appeal also involves whether she made sufficient contributions to the CPP to meet the eligibility requirements for a PRDB.
[4] I must summarily dismiss an appeal if satisfied that it has no reasonable chance of successFootnote 1. I have decided this appeal has no reasonable chance of success.
Issues
[5] Is the Claimant statute-barred from receiving the CPP disability pension because she made her application for the disability pension 15 months or more after her CPP retirement pension started to be paid?
[6] Has she made sufficient contributions to the CPP to meet the eligibility requirements for a PRDB?
Analysis
[7] I gave the Claimant the required notice in writing of my Intention to Summarily Dismiss her appealFootnote 2. She submittedFootnote 3 she did not know that there was any deadline to cancel a CPP retirement pension in favour of a CPP disability pension. She put her own issues on hold while she cared for her ailing partner and mother. She had difficulty obtaining medical reports from her doctor. She understands rules and requirements exist that must be followed when making decisions on CPP benefits. She submits, since the noted circumstances were beyond her control, my decision should consider such circumstances. She requests her application for CPP disability by approved.
The Claimant is statute-barred from receiving the CPP disability pension.
[8] To qualify for a CPP disability pension, the Claimant must meet the requirements that are set out in the CPP. More specifically, she must inter alia not be in receipt of the CPP retirement pensionFootnote 4.
[9] Once a person starts to receive a CPP retirement pension, that person cannot apply or re-apply, at any time, for a disability pensionFootnote 5 unless a request to cancel the benefit is made, in writing, within six (6) months after payment of the benefit has startedFootnote 6.
[10] If a person does not cancel a benefit within six (6) months after payment of the benefit has started, the only way a retirement pension can be cancelled in favour of a disability benefit is if the person is deemed to be disabled before the month the retirement pension first became payableFootnote 7.
[11] The earliest a person can be deemed to be disabled is fifteen (15) months before the date the disability application is received by the MinisterFootnote 8. As the Minister received the Claimant’s application in January 2020, the earliest she could be deemed to be disabled is October 2018.
[12] The effect of these provisions is that the CPP does not allow the cancellation of a retirement pension in favor of the disability pension where the disability application is made 15 months or more after the retirement pension started to be paid.
[13] The Claimant’s retirement pension started to be paid in September 2017.Footnote 9 She did not apply within six months after payment started to cancel the retirement pension.
[14] The Minister received the Claimant’s application for CPP disability benefits in January 2020Footnote 10, more than 15 month after the month her retirement pension started to be paid.
[15] A person who is in receipt of a retirement pension is ineligible to receive a disability benefit unless he or she could be deemed to have become disabled before the month in which the retirement pension became payableNote de bas de page 11.
[16] Because the Claimant’s retirement pension started in September 2017, and because the earliest she could be deemed to be disabled is October 2018, it is not possible for her to be deemed to be disabled before September 2017. As a result, the law does not allow her to cancel her retirement pension in favour of the disability pension.
[17] I find the Claimant is statute-barred from receiving the CPP disability pension because her application for the disability pension was made 15 months or more after her CPP retirement pension started to be paid.
The Claimant has not made sufficient contributions to the CPP to meet the eligibility requirements for a PRDB.
[18] To qualify for a CPP PRDB, the Claimant must meet the requirements that are set out in the CPPFootnote 12. More specifically, she must inter alia have made valid contributions to the CPP for not less than the minimum qualifying period (MQP).
[19] The calculation of the MQP for the PRDB is set out in the CPPFootnote 13. On the facts of this case, the Claimant is considered to have made contributions for not less than the MQP if she made contributions to the CPP for at least four of the last six years. The “last six years” refers to the six preceding full calendar yearsFootnote 14. When she applied for the PRDB in January 2020, the six preceding full calendar years were 2014, 2015, 2016, 2017, 2018, and 2019.
[20] The Claimant’s CPP Contributions StatementFootnote 15 confirms her only contribution to the CPP in the last six full calendar years that preceded her application was in 2014. Accordingly, I find she has not made sufficient contributions to meet the MQP requirement to be eligible to receive the PRDB.
[21] Since I found the Claimant has not made sufficient contributions to the CPP to meet the MQP requirement to be eligible for a PRDB, and is statute-barred from receiving the CPP disability pension, it is not necessary to make a finding on whether the Claimant is disabled.
[22] The Tribunal is created by legislation and, as such, I only have the powers granted to it by its governing statute. I am required to interpret and apply the provisions as they are set out in the CPP. I cannot use the principles of fairness or equity or consider extenuating circumstances, including the health of members of the Claimant’s family, to allow her to cancel a retirement pension in favour of a disability pension, or grant a PRDB, other than as prescribed by the CPP.
[23] Accordingly, I find that the appeal has no reasonable chance of success.
Conclusion
[24] The appeal is summarily dismissed.