PUBLIC PENSION PLANS - Canada Pension Plan - Disability pension - Entitlement - Retroactive benefits

Law360 Canada (August 2, 2022, 9:09 AM EDT) -- Application by Walls for judicial review of a decision of the Appeal Division of the Social Security Tribunal (AD). Walls’ health problems began in July 2010, after a tick bit him. He became very ill and his overall health and cognitive capacity deteriorated. He was dismissed from his employment in October 2011, not having ever applied for long-term disability benefits for fear of losing his job. Following his dismissal, he never worked again or earned employment income. Walls applied for a Canada Pension Plan (CPP) disability pension in November 2018. His application was granted, with retroactive payments to start in August 2017. In the same letter, the Minister of Employment and Social Development explained that she did not consider Walls to have met the definition of incapacity set out in subsection 60(8) of the CPP. The result of that conclusion was that Walls could not receive disability benefits retroactively to November 2011, the date on which he said his period of incapacity started. Walls contested the Minister’s conclusions regarding his incapacity. The General Division of the Social Security Tribunal (GD) dismissed Walls’ appeal and found that the evidence provided by Walls did not support a finding of incapacity within the meaning of subsections 60(8) to 60(10) of the CPP. Walls then appealed to the AD, which upheld the decision of the GD. Walls took the position that the GD did not properly apply the legal test to determine incapacity. He also disputed the accuracy of some of the factual findings made by the GD....
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