PUBLIC PENSION PLANS - Canada Pension Plan - Pensions and supplementary benefits - Disability pension

Law360 Canada (September 29, 2022, 6:24 AM EDT) -- Application by Brown for judicial review of the decision of the Appeal Division of the Social Security Tribunal. In 2003, he injured his back at work and requested workers’ compensation benefits, but his request was denied. Brown applied for a disability pension under the Canada Pension Plan. His application was denied at every administrative level. The Social Security Tribunal (General Division) determined the maximum qualifying period for Brown was December 31, 2013. This was the date by which Brown must be found to be disabled to qualify for CPP disability benefits. The General Division found while Brown had significant impairment by December 2013, he did not make reasonable efforts to follow the treatments recommended by his physicians. The General Division held Brown’s doctors had advised him to lose weight for 12 years, but he had not attempted to follow this medical treatment until 2020. The Social Security Tribunal (Appeal Division) found the General Division committed no errors of fact and there was no procedural unfairness, and accordingly upheld the decision of the General Division. Brown argued that nowhere in the record did his doctors say that he refused or failed to follow their treatment recommendations....
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