The appeal is allowed

Dear Ms. Kueber,

…The application was received in March 2013; therefore the Appellant is deemed disabled in December 2012.  According to section 69 of the CPP, payments start four-months after the deemed date of disability.  Payments start April 2013.

The Appeal is allowed.

via CanLII – 2001 FCA 248 (CanLII).

[38]  This analysis of subparagraph 42(2)(a)(i) strongly suggests a legislative intention to apply the severity requirement in a “real world” context.  Requiring that an applicant be incapable regularly of pursuing any substantially gainful occupation is quite different from requiring that an applicant be incapable at all times of pursuing any conceivable occupation.  Each word in the subparagraph must be given meaning and when read in that way the subparagraph indicates, in my opinion, that Parliament viewed as severe any disability which renders an applicant incapable of pursuing with consistent frequency any truly remunerative occupation.  In my view, it follows from this that the hypothetical occupations which a decision-maker must consider cannot be divorced from the particular circumstances of the applicant, such as age, education level, language proficiency and past work and life experience.


[39]  I agree with the conclusion in Barlow, supra and the reasons therefor.  The analysis undertaken by the Board in that case was brief and sound.  It demonstrates that, on the plain meaning of the words in subparagraph 42(2)(a)(i), Parliament must have intended that the legal test for severity be applied with some degree of reference to the “real world”.  It is difficult to understand what purpose the legislation would serve if it provided that disability benefits should be paid only to those applicants who were incapable of pursuing any conceivable form of occupation no matter how irregular, ungainful or insubstantial.  Such an approach would defeat the obvious objectives of the Plan and result in an analysis that is not supportable on the plain language of the statute.


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