Can a CPP Disability Appeal Be Settled by Agreement at the SST?

What Does It Take to Qualify for a CPP Disability Pension?

To receive a CPP disability pension, your condition must meet a two-part legal test: it must be both severe and prolonged. Severe means you are regularly incapable of pursuing any substantially gainful occupation, not just your old job. Prolonged means the disability is long continued and of indefinite duration, or likely to result in death. You must also meet the test by the end of your minimum qualifying period, which depends on your CPP contributions.

Many applicants are refused by Service Canada, and some are also refused at the General Division of the Social Security Tribunal. This decision shows that a refusal at those levels was not the end of one claim.

---

What Happened in This Case?

The Appellant is a 64-year-old former auto detailer. He stopped working in April 2021, at age 59, after developing pain in his neck and shoulders. Imaging later confirmed supraspinatus tendon tears in both shoulders. He had reparative surgery but reported only limited improvement. In March 2023, he had triple coronary bypass surgery, which required an artery taken from his left leg.

He applied for a CPP disability pension in September 2023. Service Canada refused the application, finding no severe and prolonged disability. He appealed to the Social Security Tribunal’s General Division, which held a teleconference hearing and dismissed the appeal on May 28, 2026. It found he remained regularly capable of substantially gainful employment as of December 31, 2024, the last date of his CPP disability coverage.

He then asked the Appeal Division for leave (permission) to appeal, and leave was granted in August 2026. The parties then reached an agreement, dated September 28, 2026, that he was disabled as of June 2022. On September 30, 2026, the Appeal Division allowed the appeal in accordance with that agreement.

The full decision is available at RM v Minister of Employment and Social Development, 2026 SST 567 (CanLII).

---

Why Did the Appeal Division Find Him Disabled?

The member did not simply sign off on the agreement. He reviewed the record and listed his reasons. On the shoulder side, imaging confirmed tendon tears in both shoulders, surgery helped only a little, and he could not reach overhead or lift or carry more than 10 pounds. On the cardiac side, the bypass surgery and his heart condition left him with limited endurance and pain when standing or walking for long periods.

The member also considered his personal circumstances. He was in his early sixties at the end of his coverage period, had only a limited education, and had one-dimensional work experience. The member found that made him a poor candidate to retrain or pursue a new career, and was satisfied that he had been regularly incapable of a substantially gainful occupation since December 31, 2024.

---

Can You Keep Appealing a CPP Disability Refusal?

There are several stages. After Service Canada refuses an application, you can ask it to reconsider. If the reconsideration decision is also a refusal, you can appeal to the General Division of the Social Security Tribunal. If the General Division dismisses your appeal, you can ask the Appeal Division for leave to appeal. Leave is not automatic: the Appeal Division must be satisfied that the appeal has a reasonable chance of success on one of the permitted grounds.

As this case shows, the parties can also reach an agreement at the Appeal Division stage. Here the Minister agreed that the evidence showed a disability, and the Appeal Division member reviewed the record before issuing a decision that reflected the agreement. Our Ontario CPP disability lawyers assist clients at each of these stages.

---

Does Age and Work History Matter for CPP Disability?

It did here. The legal test asks whether a person is regularly incapable of any substantially gainful occupation, and the member looked at that question in light of the Appellant’s age, education, language and work experience. English is the Appellant’s first language, but his age, limited education and narrow work history weighed against retraining.

This does not mean older applicants automatically qualify, or that younger applicants cannot. It means personal circumstances were part of the assessment, alongside the medical evidence.

---

When Do CPP Disability Payments Start After a Win?

Under section 69 of the Canada Pension Plan, payments begin four months after the date a person is found disabled. Here the agreed disability date was June 2022, so the pension started in October 2022.

Payments cannot go back indefinitely. The Canada Pension Plan does not allow a person to be deemed disabled more than 15 months before the application was received. In this case the application was filed in September 2023, and the agreed disability date of June 2022 is 15 months earlier, even though the Appellant had stopped working in April 2021. That is one reason the timing of an application matters. If you have questions about your own dates, our Burlington CPP disability page explains how to reach us.

---

Questions and Records to Discuss with a Lawyer

• What medical evidence describes the combined effect of your conditions on your ability to work, not just each diagnosis?
• Do your treating physicians’ notes describe your functional limits (lifting, walking, standing, reaching) as well as your diagnosis?
• When does your minimum qualifying period end, and does your evidence show a severe and prolonged disability by that date?
• When did Service Canada receive your application, and how does that limit how far back payments can go?
• If the General Division dismissed your appeal, what did it find, and is there a permitted ground to seek leave from the Appeal Division?

---

If you have questions about a CPP disability application or appeal, the team at UL Lawyers is available to discuss your situation. You can reach us through /connect.

---

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.