Canada Pension Plan (CPP) disability

Decision

[1] The appeal is dismissed.

[2] The Appellant, R. S., isn’t eligible for the disabled contributor’s child’s benefits (DCCB) earlier than March 2015.

Overview

[3] The Appellant began receiving Canada Pension Plan (CPP) disability benefits in 1998.^{Footnote 1} In January 2011, the Appellant began living with his partner. She had two children. The children were born in April 2006 and June 2007. These two children came under the Appellant’s custody and control in January 2011.^{Footnote 2}

[4] In February 2016, the Appellant applied for the DCCB on behalf of the children.^{Footnote 3} The Minister approved the application and awarded the benefits retroactive to March 2015 (11 months before the date of application).^{Footnote 4}

[5] The Appellant wanted the benefits to start in January 2011, and so he asked the Minister to reconsider its decision.^{Footnote 5} The Minister reconsidered, and decided to maintain the effective date of payment as March 2015.^{Footnote 6}

[6] The Appellant appealed the Minister’s reconsideration decision to the Social Security Tribunal’s General Division. He appealed because he disagrees with the 11-month limit on retroactive benefits.  

This appeal has a very long history

[7]  This appeal has a very long history. In fact, this appeal began in 2016.

[8] I summarized the appeal history in my interlocutory decision of October 12, 2023. There is no need for me to repeat the summary here.

[9] It is enough for me to say that this appeal was previously a Charter appeal. However, in my interlocutory decision of October 12, 2023, I determined that this appeal would no longer proceed as a Charter appeal. Instead, it would proceed as a regular appeal.

Method of Proceeding

I am rendering my decision on the record

[10] I decided to render my decision on the record, without an oral hearing.^{Footnote 7}

[11] First, the Appellant has repeatedly asked me to conduct the proceedings in writing.^{Footnote 8} Now that this appeal is no longer a Charter appeal, I see no reason to depart from the Appellant’s preference.

[12] Second, the facts in this appeal are not in dispute.  

What the Appellant must prove

[13] To succeed with his appeal, the Appellant needs to show that he is eligible for the DCCB earlier than March 2015.

The DCCB was paid in accordance with the law

[14] To receive a benefit under the CPP, a person must first apply for that benefit in writing.^{Footnote 9}

[15] Subsection 74(2) of the CPP says that the earliest that the DCCB can be paid is 11 months before the date of application for the DCCB.

[16] The Appellant received the most retroactivity that can be awarded under subsection 74(2) of the CPP.

[17] The Appellant applied for the DCCB in February 2016 and he was paid the benefits retroactive to March 2015.

I can’t ignore or amend the law

[18] The Appellant may not agree with the 11-month limit on DCCB payments. However, I can’t ignore the law and I can’t change the law. This is so even in the face of extenuating circumstances.

[19] While the Appellant has raised an incapacity argument in the past, that argument has already been addressed in an interlocutory decision of July 2021.

Conclusion

[20] The Appellant isn’t eligible for the DCCB earlier than March 2015.

[21] This means the appeal is dismissed.