CPP Disability Pension Denied? How One Client Won the Right to a Second Hearing

L.C. v. Minister of Employment and Social Development, 2018 SST 266 (Social Security Tribunal, Appeal Division)

Disabled, Denied, and Running Out of Time

L.C. had completed high school and some post-secondary education. She had worked until 1995 when she was laid off because she could not complete her duties, even light ones. She suffered from extreme fatigue, chronic pain from spinal injuries, nausea, dizziness, cognitive challenges, rage, head injuries, and post-traumatic stress disorder. In 2014, she applied for a Canada Pension Plan disability pension. The Minister refused the application. She appealed to the Social Security Tribunal's General Division, which also dismissed her appeal.

To make matters worse, the deadline to apply for leave to appeal had already passed by the time she sought further help.

Ken Wise Identifies a Critical Error

Ken Wise applied for an extension of time and leave to appeal, arguing that the General Division had based its decision on an erroneous finding of fact. Specifically, the tribunal had concluded that L.C.'s doctor's opinion about her disability was based on her lack of education — but that was not what the doctor had actually said. The doctor's opinion was based on her medical condition, not her education level. This factual error went to the heart of the tribunal's reasoning.

Time Extended, Leave Granted

The Appeal Division agreed. It extended the time to apply for leave to appeal and granted leave, finding that the General Division may have committed a reviewable error. L.C.'s case was given new life — she would have the opportunity to have her disability pension claim reconsidered by a tribunal that properly understood her doctor's evidence.

Why This Case Matters

CPP disability pension applications are denied at a high rate, and many applicants give up after their first refusal. But tribunal decisions can contain errors — misreadings of medical evidence, incorrect factual findings, or failures to consider key evidence. Even if your deadline to appeal has passed, it may still be possible to get an extension if there is a good reason for the delay and an arguable case on the merits.

If your CPP disability pension has been denied, or if you believe a tribunal made an error in your case, contact Ken Wise & Associates.

Phone: (416) 924-6231

Email: ken@kenwiseandassociates.ca