Can You Get CPP Disability After Returning to Work?

Can you get CPP disability if you went back to work after your MQP?

Not if the work was substantially gainful and showed you could regularly work, according to a recent Social Security Tribunal decision. In JI v Minister of Employment and Social Development, 2026 SST 622 (CanLII), the Tribunal refused a CPP disability pension to an appellant who had held corporate jobs paying above the regulatory earnings threshold after their coverage period ended.

The Tribunal also found that the medical evidence from before the minimum qualifying period (MQP) described symptoms that were manageable. Together, those findings meant the appellant had not proven a severe and prolonged disability. The appeal was dismissed.

For people in Ontario and across Canada applying for CPP disability, the decision is a clear illustration of how the Tribunal weighs work history against medical evidence.

What does “severe and prolonged” mean for CPP disability?

A disability is severe if the person is incapable regularly of pursuing any substantially gainful occupation, and prolonged if it is long continued and of indefinite duration. The Tribunal applied both parts of this test under section 42(2)(a) of the Canada Pension Plan.

Crucially, the disability must meet both requirements by the end of the MQP. The Tribunal also asked whether the disability continued after that date without interruption. A claim can fail on either part.

In this case, the Tribunal assessed severity using the Villani real-world analysis, which the decision applied in looking at the appellant’s circumstances rather than diagnosis alone. Because the Tribunal found the disability was not severe before the MQP, the prolonged requirement could not be met either.

Why does medical evidence from before the MQP matter so much?

Because the Tribunal must decide whether the person was disabled by the MQP date, it focuses on medical evidence from the coverage period. Records created long after that date may say little about how the person was functioning back then.

Here, the Tribunal reviewed the medical evidence from the coverage period and found the appellant’s symptoms were manageable before the MQP. That finding was central to the refusal.

The Tribunal also referred to section 68(1) of the Canada Pension Plan Regulations and the limits of subjective evidence. In other words, a claimant’s own account of their symptoms was weighed together with, not instead of, the medical records. The appellant’s answers on the questionnaire about their ability to work were also considered as part of that assessment.

If you are working through a claim, our Ontario CPP disability lawyers can help you understand which records relate to your coverage period.

How do earnings after the MQP affect a CPP disability claim?

Earnings above the threshold set in section 68.1 of the Canada Pension Plan Regulations can be treated as substantially gainful, which the Tribunal found inconsistent with an ongoing severe disability. That is what happened in this decision.

The appellant worked in corporate jobs after the MQP. The Tribunal found the earnings from those positions were above the regulatory threshold and treated them as substantially gainful.

The Tribunal went further. It found that this substantially gainful employment would end any disability, even if one had existed. So the later work did not just cast doubt on the claim; it independently confirmed that the appellant was ineligible.

The decision does not set out a rule that every return to work is fatal. The finding depended on the level of earnings and the nature of the work in this particular file.

Does it matter whether your employer accommodated you?

Yes, the Tribunal considered whether the work came with accommodations when deciding if it reflected real work capacity. In this case, it looked at an employer questionnaire and noted the lack of accommodations.

That evidence supported the conclusion that the appellant had been working in an ordinary, competitive role. Combined with the above-threshold earnings, it pointed away from a severe disability.

The decision does not address how the Tribunal would treat a job with significant accommodations, so readers should not draw conclusions about that situation from this case. What it does show is that the Tribunal may request and rely on information directly from employers.

Can you appeal a CPP disability refusal to the Social Security Tribunal?

Yes, the Social Security Tribunal hears appeals from CPP disability decisions made by the Minister, and this case was one of them. The appeal was dismissed because the evidence did not establish a severe and prolonged disability by the MQP.

The outcome highlights how much the Tribunal’s decision turns on the evidentiary record: medical reports from the right time period, questionnaire answers, earnings records and employer information. Gaps or inconsistencies in that record can be difficult to overcome at a hearing.

More information about the process is available on our CPP disability appeal page.

Questions and records to discuss with a lawyer

• What is my MQP date, and what medical records exist from before that date?
• Did my earnings after the MQP exceed the substantially gainful threshold in the Regulations, and in which years?
• Did any employer provide accommodations, modified duties or flexible hours, and is there documentation of that?
• How do my own questionnaire answers about my ability to work line up with my medical records?
• Was any period of work an attempt to return that ended because of my condition?

Every CPP disability claim depends on its own medical history and work record. If you would like to discuss how decisions like this one may relate to your own circumstances, you can contact UL Lawyers through our connect page.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.