Appeal Win: Pipefitter awarded CPPD benefits with retroactive pay

J.P. v. Minister of Employment and Social Development

Samfiru Tumarkin LLP successfully overturned a decision to deny J.P., a 50-year-old pipefitter, with Canada Pension Plan Disability (CPPD) benefits.

The matter was appealed at the Social Securities Tribunal of Canada. Certain information on the case can’t be disclosed until the decision is officially published.

Overview of the case

J.P. worked as a pipefitter for 30 years. In December 2018, he suffered a diabetic coma.

Shortly after, J.P. was diagnosed with peripheral neuropathy, which began with severe numbness and pain in his arms and legs. As a result of his worsening condition, he stopped working in February 2019.

A few months later in October, J.P. applied for CPPD benefits and was denied by the Minister of Employment and Social Development. A request for reconsideration of this decision was also rejected.

The Social Securities Tribunal of Canada decided to overturn the denial and J.P. was subsequently awarded CPPD benefits, with payments beginning retroactively as of June 2019.

Facts

• J.P. suffers a diabetic coma in December 2018. Shortly after, he is diagnosed with peripheral neuropathy.
• As his condition worsens, J.P. stops working in February 2019.
• After being unable to work for six months, J.P. applies for CPPD benefits on October 21, 2019. His application is denied by the Minister of Employment and Social Development.
• J.P. requests a reconsideration of this decision, which is also turned down. The Minister takes the position that J.P. wasn’t disabled from performing any job, including part-time work.
• The Social Securities Tribunal of Canada overturns the denial following arguments that J.P.’s debilitating condition met both severe and prolonged criteria for CPPD benefits.

The Adjudicator’s Decision

In order for J.P. to be entitled to CPPD benefits, the adjudicator had to determine two things:

1. His condition was severe enough that he was incapable of regularly pursuing any substantially gainful employment
2. His condition was prolonged — meaning that it could continue for an indefinite amount of time or even result in death

Based on the medical evidence provided, the Tribunal found that J.P. met the requirements to qualify for CPPD benefits in February 2019 and overturned the Minster’s denial.

LEARN MORE
• Disability Law Show: Key things to know about CPPD and long-term disability
• Disability Law Show: 3 reasons you should apply for CPPD benefits

J.P. was awarded compensation as of June 2019, accounting for the mandatory four-month waiting period from the date of his disability.

Claim denied? Contact a disability lawyer

The experienced disability law team at Samfiru Tumarkin LLP regularly resolves long-term disability, life insurance, and mortgage insurance claim denials in Ontario, Alberta, and British Columbia.

Our lawyers provide free consultations and we don’t get paid unless we successfully secure the compensation from your insurer that you are legally entitled to.