To be eligible for a disability pension from Retraite Québec, you must demonstrate that your disability is severe and permanent. Often, we find that disability requests are refused, since treatments could still improve one’s condition.
For example, for a diagnosis of fibromyalgia, Retraite Québec doctors will suggest follow-ups at the pain clinic to try to find a solution to relieve the pain and hopefully be able to return to work.
The Administrative Tribunal of Québec has just rendered a decision in which it is mentioned that getting an appointment at a pain clinic can take up to several years. The judge therefore concludes that the delays are too long and that these treatment options are theoretical, since they must be available and accessible. If they are not accessible, the applicant cannot be blamed for the delays encountered.
In the decision, it is stated that: “The Court considers that it would not be reasonable to require more from the applicant. She has already complied with all the recommendations made to her by her attending physician, by the many consultants and experts involved in the case and by her insurer .” The applicant was therefore entitled to her disability pension.
In case of doubt, do not hesitate to contact us!