CPP Disability Pension Appeal Changes Deemed Date and Payment Start

Citation: Minister of Employment and Social Development v WH , 2026  SST  92 Social Security Tribunal of Canada Appeal Division Decision Appellant: [redacted] Representative: [NAME] Respondent: [redacted] Decision under appeal: General Division decision dated September 17, 2025 (GP-24-1576) Tribunal member: [NAME] of hearing: In Writing Decision date: February 10, 2026 File number: AD-25-735 On this page Decision Overview Issues Analysis Conclusion Decision [ 1 ] I am allowing the appeal. [ 2 ] The Respondent, [NAME]. (Claimant), is entitled to a [NAME] disability pension. Payment starts as of April 2022. Overview [ 3 ] This is an appeal by the Appellant, the Minister of Employment and Social Development (Minister) of the General Division’s decision. [ 4 ] The General Division found that the Claimant was eligible for a [NAME] disability pension. It deemed that the Claimant became disabled in February 2022. It determined that payment of a disability pension started as of October 2022. [ 5 ] The Minister accepts that the Claimant has a severe and prolonged disability, but challenges the General Division’s findings on the Claimant’s deemed date of disability and when payment of a disability pension should start. The Minister argues that the earliest date that the Claimant can be deemed disabled is December 2021 and that payment of a disability pension should commence in April 2022. [ 6 ] The Claimant does not take any position on the Minister’s appeal. [ 7 ] The Appeal Division granted leave (permission) to appeal the General Division’s decision. Once the Appeal Division grants leave, the appeal goes ahead as a new proceeding, and the issues are considered anew. Footnote 1 [ 8 ] However, as the only issues in dispute are when the Claimant can be deemed disabled and when payment of a disability pension should start, I will not be reassessing the Claimant’s eligibility for a disability pension. The only issues I will be considering are the date of the Claimant’s deemed disability and when payment of a disability pension should commence. [ 9 ] The Minister asked that the appeal be decided on the basis of the written materials on file. I will decide this matter “in writing,” as the facts are not in dispute. [ 10 ] I am allowing the Minister’s appeal. Payment of a [NAME] disability pension starts as of April 2022. Issues [ 11 ] The issues are as follows: a) What is the earliest date that the Claimant can be deemed disabled? b) When should payment of a [NAME] disability pension start? Analysis [ 12 ] Section 42(2)(b) of the [NAME] sets out when a person is deemed disabled. The section reads: (b)  a person is deemed to have become or to have ceased to be disabled at the time that is determined in the prescribed manner to be the time when the person became or ceased to be, as the case may be, disabled, but in no case shall a person—including a contributor referred to in subparagraph 44(1)(b)(ii)—be deemed to have become disabled earlier than fifteen months before the time of the making of any application in respect of which the determination is made. [ 13 ] Section 69 of the [NAME] determines when payment of a pension commences. The pension is payable for each month “commencing with the fourth month following the month in which the applicant became disabled…” The Claimant’s applications [ 14 ] The Claimant filed two applications for a disability pension. He filed the first application in March 2023, and the second, in September 2023. [ 15 ] The Claimant told Service Canada that he filed the September 2023 application only because he could not be certain that Service Canada had received his March 2023 application. He had not received any confirmation that it had received his earlier application. He advised that he wished to proceed with his March 2023 application, rather than receive a decision on his September 2023 application. Footnote 2 [ 16 ] The Minister made a reconsideration decision on the March 2023 application, and the Claimant appealed that reconsideration decision. [ 17 ] The Minister did not issue any decisions relating to the Claimant’s September 2023 application. As there is no decision from the Minister relating to the Claimant’s September 2023 application, there is no basis to decide anything in connection with that matter. The Claimant is deemed disabled as of December 2021 [ 18 ] There is no dispute that the medical evidence establishes that the Claimant was severely disabled by the end of his minimum qualifying period of December 31, 2022. Footnote 3 [ 19 ] In his application, the Claimant stated that he could no longer work as of April 2018 due to mental health issues. However, as noted above, an applicant can be found disabled no earlier than fifteen months before the time of making any application. As the Claimant made his application in March 2023 (rather than in September 2023), the earliest possible date that he can be deemed disabled under the [NAME] is December 2021. Payments start as of April 2022 [ 20 ] Payment of a disability pension commences four months after the deemed date of disability of December 2021. Payments shall start as of April 2022. Conclusion [ 21 ] The appeal is allowed. [ 22 ] The evidence shows that the Claimant had a severe and prolonged disability by the end of his minimum qualifying period of December 31, 2022. The earliest he can be deemed disabled, based on his application made in March 2023, is December 2021. Payment of a [NAME] disability pension starts as of April 2022. Footnotes Footnote 1 See section 58.3 of the Department of Employment and Social Development Act . Return to footnote 1 Footnote 2 See Minister’s Notice of Appeal, at AD1-25 at para 11, citing Service Canada telephone call, at GD2-67. Return to footnote 2 Footnote 3 The end of the minimum qualifying period ( MQP ) is the date by which an applicant has to show that they had a severe and prolonged disability. The MQP is calculated based on an applicant’s contributions to the [NAME]. See section 44(2) of the [NAME] . Return to footnote 3