Our firm works mainly in administrative and social law. We regularly challenge the decisions of the various administrative authorities (SAAQ, CNESST, Retraite Québec, social assistance, IVAC) at the review level as well as before the Administrative Tribunal of Québec.
There are many grounds for challenging decisions of Retraite Québec (formerly RRQ). Here are some cases seen frequently in our Retraite Québec files.
Refusal of an application for a disability pension from Retraite Québec
If you have contributed to the Québec Pension Plan and are unable to work because of a disability, you may be entitled to the retraite Québec disability pension.
Retraite Québec often recognizes that you are unfit to continue your regular employment because of your functional limitations, but that you are not unfit to perform any job. To be entitled to the disability pension, we must demonstrate that you are unfit for any gainful employment.
A person’s disability is assessed on the basis of the medical and socio-professional aspects. For example, if a lawyer loses the use or complete physical force of his right arm, he will still be able to occupy a gainful employment since he does not necessarily need his right arm to work; he will still be able to draft contracts or plead before the courts. Conversely, a person with a low level of education who has always worked manually will be able to more easily demonstrate his inability for gainful work in the absence of his right arm.
The importance of medical expertise in these types of cases should not be minimized. Medical evidence is at the heart of the file and Retraite Québec will make you meet their expert; it will then be important to carry out a second opinion, to contest the conclusions of the retraite Québec medical specialist if they are not in your favour. For more information, we refer you to our page on the importance of expertise.
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Retraite Québec’s claim for work income
Retraite Québec may claim money for work income for several reasons. Among other things, it will make a claim for the amounts paid in a disability pension if it discovers that you have engaged in gainful employment without declaring it at the same time as you were a beneficiary of that pension.
Claim, cancellation or reduction of Retraite Québec’s family allowances
Family allowances depend on your marital status, as well as the percentage of custody you have for each child.
Following an audit or a denunciation, it often happens that Retraite Québec claims money on the grounds that the sums granted do not correspond to your declared family composition.
The criteria that Retraite Québec takes into consideration are as follows:
- Cohabitation;
- Mutual aid;
- And the renowned commune.
Retraite Québec sometimes replaces cohabitation with the existence of common projects. For example, let’s take the case of a couple who separated in 2013 but have a child born in 2015. The new child will be considered by Retraite Québec as a joint project to justify the claim for the sums paid since the separation in 2013. In such a context, we will have to demonstrate that there was no common project at the time of the break in 2013.
Each case is a case in point. Do not hesitate to contact us to make an appointment.
Refusal of a surviving spouse’s pension from Retraite Québec
If Retraite Québec refuses to pay you the surviving spouse’s pension, we will challenge the decision in review and in court.
The criteria used to determine if you were a spouse within the meaning of the law are:
- Cohabitation;
- Mutual aid;
- The renowned commune.
As a surviving spouse’s pension claimant, you must show that you lived the last twelve (12) months with the deceased prior to his or her death.
Our firm has developed a great expertise over the years in claims for marital life before the Administrative Tribunal of Quebec. For more information, we refer you to our page on marital life.
Application for a supplement for handicapped children at Retraite Québec
If you have a child who has physical or psychological problems limiting him or her in his or her activities of daily living, you are entitled to the supplement for disabled children.
Retraite Québec may refuse to recognize that your child meets the criteria to be entitled to this supplement. Do not accept this decision without challenging it.
There are various means of challenge. For example, we can demonstrate that following the diagnosis, the care, custody and education of the child requires an increased workload. We will also look at the child’s academic development to identify if they have special academic needs.
Progress of a Retraite Québec file
The progress of a Retraite Québec file is similar to the progress of a SAAQ file, whether it is the application for review or the recourse before the Administrative Tribunal of Québec.
As a result, we refer you to our page on the progress of a SAAQ file where you will find our administrative pyramid that describes each step of contestation of an administrative file.
Not all of Retraite Québec’s decisions are well-founded. Our firm will analyze the compliance of each decision as well as the applicable defenses .
Contact us now if you have a decision to challenge.