Applicant not disabled as he was able to continue to work when he began to receive his retirement pension

Federal court | Pensions | Federal and provincial pension plans | Federal pension plans

Applicant received Canada Pension Plan (CPP) early retirement pension when he was diagnosed with chronic kidney disease and later applied for CPP disability pension when he began dialysis. Minister of Employment and Social Development denied applicant’s application for disability pension benefits. General Division of Social Security Tribunal found that applicant’s appeal had no reasonable chance of success because applicant did not stop full-time work and was not disabled until almost one year after he received retirement pension. Appeal Division of Social Security Tribunal dismissed applicant’s appeal. Applicant brought application for judicial review. Application dismissed. It was reasonable for Appeal Division to find that General Division did not err in determining that applicant was not eligible for disability pension. Person who received retirement pension was ineligible to apply for disability pension, unless person was deemed to have become disabled, by being unable to work, before month in which retirement pension first became payable. Applicant was not disabled as he was able to continue to work when he began to receive his retirement pension. There was no jurisdiction for compassionate consideration.

Kinsella v. Canada (Attorney General) (2019), 2019 CarswellNat 1263, 2019 CarswellNat 1582, 2019 FC 429, 2019 CF 429, Catherine M. Kane J. (F.C.).

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