JD v Minister of Employment and Social Development

JD v Minister of Employment and Social Development

Leave to appeal refused because the claimant failed to identify any specific, arguable error by the General Division; the General Division reasonably found no disabling condition as of the MQP based on the record, and the Appeal Division cannot reweigh evidence.

Citation
2021 SST 7
Parties
Applicant (claimant): J. D.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Application for Leave to Appeal to Appeal Division (refused)
Outcome
Leave to appeal refused
Legal Topics
CPP Disability, Minimum Qualifying Period, Leave to Appeal, Grounds of Appeal (error of Law, Error of Fact, Procedural Unfairness)
Source Language
English
Canada Pension Plan Social Security Administrative Law CPP Disability Minimum Qualifying Period Leave to Appeal Grounds of Appeal (error of Law, Error of Fact, Procedural Unfairness)

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Parties

J. D.

Applicant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Application for Leave to Appeal to Appeal Division (refused)

Legal Issues

  1. 1 Whether the claimant had a severe and prolonged disability as of the minimum qualifying period (MQP)
  2. 2 Whether the General Division committed an error of law, error of fact, or procedural unfairness
  3. 3 Whether the application for leave to appeal has a reasonable chance of success

Ratio Decidendi

Leave to appeal refused because the claimant failed to identify any specific, arguable error by the General Division; the General Division reasonably found no disabling condition as of the MQP based on the record, and the Appeal Division cannot reweigh evidence.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal refused