In a recent Federal Court of Appeal decision, Blue v Canada (Attorney General), 2021, the Court clarified when a person is incapable of applying for Canada Pension Plan Disability benefits.
The Claimant, Cate Blue, suffered from several psychological conditions that prevented her from working.
In May 2016, Ms. Blue applied for Canada Pension Plan Disability benefits. Her application was approved and she was granted retroactive Canada Pension Plan Disability benefits starting June 2015. She was denied further retroactive benefits on the basis that she had not shown that she was incapable of forming or expressing an intention to make an application before May 2016.[1]
Under the Canada Pension Plan a claimant may be granted a longer period of retroactive entitlement, where they were previously incapable of forming or expressing an intention to make a Canada Pension Plan Disability benefits application.
Ms. Blue sought reconsideration on her Canada Pension Plan Disability benefit start date. She claimed that until May 2016, her psychological conditions rendered her incapable of forming or expressing the intent to apply for Canada Pension Plan Disability benefits.
The Court noted that determining incapacity under the Canada Pension Plan requires a consideration of the following:
“(1) The applicant’s evidence with respect to the nature and extent of his or her physical and/or mental limitations;
(2) Any medical, psychological or other evidence adduced by an applicant in support of their claim of incapacity;
(3) Evidence of other activities in which an applicant may have been engaged during the relevant period; and
(4) The extent to which these other activities cast light on the capacity of the applicant to form or express an intention to apply for disability benefits during that period.”[2]
The Court noted that the fact that a claimant can carry out certain activities, does not necessarily mean that they have the capacity to form or express an intention to apply for Canada Pension Plan Disability benefits.[3]
In Ms. Blue’s case, the fact that she could manage her finances and raise her child did not necessarily mean that she had the capacity to apply for Canada Pension Plan Disability benefits during this period. Rather, activities must be considered to determine if they are indicative of capacity to formulate or express the intent to apply for Canada Pension Plan Disability benefits.[4]
The Court ultimately determined that Ms. Blue was entitled to Canada Pension Plan Disability benefits from April 2004 onwards, because she had been incapable of formulating or expressing the intent to apply for Canada Pension Plan Disability benefits from this point until April 2016.
[1] Blue v Canada (Attorney General), 2021 FCA 211 at para 6.
[2] Ibid at para 42.
[3] Ibid at para 39.