NEW CPP DISABILITY DECISION

This case was unique in that it dealt with a 58-year-old woman who initially stopped working in 2019 when her employer closed their facilities to move to the United States.

Her initial application was denied because she had stopped working for reasons unrelated to illness.

However, we argued that at the time of the factory closure, she was already being investigated for chronic cough issues, breathing, and mental health issues. She had also suffered from alopecia for most of her adult life which caused her to develop anxiety and social isolation.

This appellant did not have a high school diploma and had worked primarily in manufacturing/factory work since she left school.

In order to qualify for a CPP Disability Pension, she had to prove that she had a severe and prolonged (Not expected to get better) before December of 2022. This date was her maximum qualifying period based on her CPP contributions.

In early 2022, some two and a half years after she stopped working, the applicant received a diagnosis of severe Chronic Obstructive Lung Disease (COPD). This degenerative condition also led to a worsening of her depression leading to a diagnosis of Severe Anxious Distress and Major Depression. In addition, she had developed a significant restless leg syndrome requiring medication.

We argued that the CUMULATIVE impact of her medical conditions rendered her entire medical profile “Severe” and given the nature of the diagnosed disease, was also “prolonged”.

In addition, we were able to establish that our client’s conditions were formally diagnosed and rendered her totally disabled within her qualifying period. While her medical conditions may have not been why she initially stopped working in 2019, the combination of her problems within her qualifying period became the REASON why she was never able to resume working.

Another happy client who got their justice!