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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Applied retirement CPP in 2014. Looking regulation

Customer Question

Applied for early retirement CPP in 2014. Looking for the regulation information that then said that "you could not apply for CPP disability once you had applied for the CPP at age 60".
Submitted: 8 months ago.
Category: Canada Law
Expert:  Legal Ease replied 8 months ago.

The law is clear and CPP Disability payments stop when you claim CPP Retirement benefits or at 65 if you don't make a claim.

That was the same in 2014.

I never heard of that regulation. Where did you see it?

Customer: replied 8 months ago.
When you were making application in 2014 at age 60, there was information from the government that said "that once you would apply for early retirement, if you would become disable you could not apply for disability benefits".
Customer: replied 8 months ago.
I'm looking for the paper back up of such information or law of those years
Expert:  Legal Ease replied 8 months ago.

But that was only two years ago and it was not the law back then.

I will do a bit of research and see if I can find something that was published in error perhaps but that was not the law unfortunately.

Customer: replied 8 months ago.
ok thanks....much appreciated
Expert:  Legal Ease replied 8 months ago.

Just to clarify you believe that two years ago you could receive both at the same time?

Or that you could switch and get the better one?

Customer: replied 8 months ago.
No.Once you applied for the early retirement CPP you could not change to the disability benefit.Now they have the regulation that you can switch within 15 months.
Expert:  Legal Ease replied 8 months ago.

OK

So you are saying had you known about the 15 month rule you would have changed to CPP Disability?

And you believe there was no rule two years go or that there was this rule then too?

Customer: replied 8 months ago.
I would need the proof.
Expert:  Legal Ease replied 8 months ago.

Sorry I think I was not clear. Are you saying the rule existed back then but you were told the wrong thing or the rule did not exist?

And are you saying that if there was no rule then but there is now it should apply retroactively? Have you had early CPP retirement for more than 15 months?

Customer: replied 8 months ago.
The rule existed back then, that after applying for an early benefit you could not apply for diability benefit if something would happen that you were permanently disabled.Looking for paper back up of this rule.....year 2013, 2012, 2011 ???Since ???, the rule changed with 15 weeks after application you can apply for disability.
Expert:  Legal Ease replied 8 months ago.

I will keep looking.

Expert:  Legal Ease replied 8 months ago.

I cannot find a thing. I am sorry about that.

I will try further but I don't believe I will be able to succeed.

Did you call CPP and ask?

Customer: replied 8 months ago.
called CPP....they don't want to talk about old regulations as they would need to pay this gentleman disability benefits.Was hoping you would have old CPP regulation books and would be able to provide proof. I had one but destroyed it a couple months ago.Thanks
Expert:  Legal Ease replied 8 months ago.

I have a better idea.

I suggest you call a local legal aid clinic.

They will know.

Customer: replied 8 months ago.
Ok thanks
Expert:  Legal Ease replied 8 months ago.

I am sorry I could not find the information.

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