Canada Pension Plan (CPP) disability

Decision

[1] I’m allowing the appeal. The Claimant is entitled to a Canada Pension Plan (CPP) disability pension. Payments start November 2019. These are the reasons for my decision.

Background

[2] K. D. (Claimant) worked as a human resources administrative coordinator. She started having difficulties with her mental health after her third child was born in 2014. She thinks this may have been a postpartum depression. She kept working, but her health worsened in December 2017. She had a breakdown and had a plan to end her life. She stopped working in January 2018.

[3] The Claimant continued to have suicidal ideation until March 2019, and again in July 2018 when she was hospitalized for about a week.

[4] The Claimant applied for a CPP disability pension in October 2020. In her application, she said that she is unable to work because of major depression, panic disorder and anxiety. The Minister of Employment and Social Development (Minister) refused the Claimant’s application initially and on reconsideration. The Claimant appealed to this Tribunal. The General Division dismissed her appeal, finding that her disability wasn’t severe within the meaning of the CPP.

The parties agree on the outcome of the appeal

[5] The parties have asked for a decision based on an agreement they reached during a settlement conference on June 13, 2023.^{Footnote 1}

[6] The parties agree on the following:

• The Appeal Division should allow the Claimant’s appeal.
• The Claimant proved that she had a severe and prolonged disability within the meaning of the CPP when she stopped working in January 2018. The Claimant’s coverage period hasn’t ended yet and was in the future at the time of the General Division hearing.
• The Claimant applied for the disability pension in October 2020. Section 42(2)(b) of the CPP says that the earliest a Claimant can be considered disabled for the purpose of payment of the disability pension is 15 months before they applied. For the Claimant, that date is July 2019. In accordance with section 69 of the CPP, payments start 4 months later in November 2019.

I accept the parties’ agreement

[7] I accept the parties’ agreement. The Claimant proved she had a severe and prolonged disability that started when she stopped working in January 2018. She had significant functional limitations that affected her ability to work at any substantially gainful occupation. She was incapable regularly of work. She was having serious problems coping with day-to-day activities including personal hygiene, housework, and childcare. In my view, the history of social work support and the upcoming social work assessment were important pieces of evidence about the severity of the Claimant’s disabilities. I’m satisfied that she took reasonable steps to manage her conditions and that she did not refuse treatment unreasonably.

[8] The Claimant’s disability is long-continued and of indefinite duration. I’m satisfied that her disability is prolonged within the meaning of the CPP.

Conclusion

[9] I allow the Claimant’s appeal. The Claimant is entitled to a CPP disability pension. Payments start November 2019.