Backdating incapacity

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Until they are made aware of the nature and extent of their disability, it is unlikely that they would apply for a pension.

Most people who feel physically ill are incapable of recognizing the extent of their disability until they have been seen by a doctor and told the nature of their illness and the prognosis for recovery.

Saying I didn’t know about my rights to apply earlier – is not enough to trigger this provision. What is required is an inability to form the intention. So if you could ask or instruct someone to file the application on your behalf you can form the intention to apply.

If you are in a coma, you cannot form that intention.

One case where backdating an application has been allowed is where the claimant is paranoid schizophrenic and does not even appreciate that he or she is disabled.

You cannot form the intention to apply for disability benefits if you don’t know you are disabled. Canada (Minister of Social Development)m 2004 LNCPEN 31, Appeal No.

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