October 28, 2024 – Ottawa, ON – In a Money Matters article titled “Putting the Spotlight on Pension Problems,” author Joel Schlesinger highlights Winnipeg retiree Carole Zoerb’s experience with Canada Pension Plan (CPP) survivor benefits and raises concerns about restrictive eligibility criteria that may unfairly prevent Canadians from receiving their entitled support. Although Zoerb was denied CPP survivor benefits after her ex-husband’s passing, she has taken action to highlight how technical requirements in the system could impact many others in similar situations.
David Brannen, the founder and managing lawyer of Resolute Legal, was consulted for the article. Brannen, who specializes in CPP appeal cases, pointed to the challenges of navigating CPP’s complex application requirements, which can result in denials over minor documentation errors or strict rules. “I would encourage people that if they get to the point where they have a hearing (for appeal with ESDC) and have not been approved already, to get professional help because there is so much on the line,” he said, noting that “often hundreds of thousands of dollars’ worth of future benefits are at stake.”
In Zoerb’s case, Brannen noted she may face additional difficulties in her appeal, as survivor benefits depend on spousal status at the time of death. “Ultimately, there is a checklist that they have for you to check off to get the benefit,” he explained. Though cases like Zoerb’s are less common, Brannen acknowledges they illustrate the ways technicalities can exclude deserving individuals. “We represent a lot of people who get denied, and I am certain if we didn’t, they would continue to get denied for technical reasons,” he added.
Highlighting the disparities between CPP and the Quebec Pension Plan (QPP), which allows for more discretion and compassionate decision-making, Zoerb’s story resonates with other Canadians facing similar obstacles. Her advocacy calls for a legislative shift to ensure Canadians receive their rightful benefits, even when unique circumstances fall outside the narrow criteria currently in place.
Resolute Legal remains dedicated to supporting Canadians through CPP’s complex application and appeals processes. Brannen encourages those facing an appeal with Employment and Social Development Canada (ESDC) to seek professional assistance, as the financial and personal stakes are significant.
About Resolute Legal
Resolute Legal’s team of employment and disability lawyers represent Canadian workers in claims for wrongful employment termination, workplace harassment, workplace discrimination, long-term disability, CPP disability, workers’ compensation, and the disability tax credit. Guided by an advocacy-driven mission, Resolute Legal is committed to empowering Canadians through education, consultation, and dedicated representation in both disability and employment law.
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