RM v Minister of Employment and Social Development

RM v Minister of Employment and Social Development

Based on consistent medical evidence and the claimant’s credible testimony the tribunal concluded the claimant lacked the regular capacity to pursue any substantially gainful employment by December 31, 2013, and that his condition was long continued with no reasonable prospect of improvement; therefore his condition met the CPP definitions of severe and prolonged disability and he was entitled to CPP disability pension with payments commencing April 2011.

Citation
2021 SST 93
Parties
Appellant (claimant): R. M.; Minister (respondent): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 February 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / Hearing and Decision at Social Security Tribunal General Division After Remittal From Appeal Division; Teleconference Hearing February 17, 2021; Decision February 20, 2021
Outcome
Appeal allowed; claimant entitled to a Canada Pension Plan disability pension.
Legal Topics
CPP Disability, Severe and Prolonged Disability, Medical Evidence, Credibility and Remittal, Minimum Qualifying Period and Waiting Period
Source Language
English
Social Security Pension Law Administrative Law Canadian Federal Law CPP Disability Severe and Prolonged Disability Medical Evidence Credibility and Remittal +1 more

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Parties

R. M.

Appellant (claimant)

Minister of Employment and Social Development

Minister (respondent)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / Hearing and Decision at Social Security Tribunal General Division After Remittal From Appeal Division; Teleconference Hearing February 17, 2021; Decision February 20, 2021

Legal Issues

  1. 1 Whether the claimant’s chronic back and leg pain rendered him incapable, regularly, of pursuing any substantially gainful occupation by December 31, 2013 (MQP date).
  2. 2 If severe, whether the claimant’s disability was prolonged (likely to be long continued and of indefinite duration) by that date.

Ratio Decidendi

Based on consistent medical evidence and the claimant’s credible testimony the tribunal concluded the claimant lacked the regular capacity to pursue any substantially gainful employment by December 31, 2013, and that his condition was long continued with no reasonable prospect of improvement; therefore his condition met the CPP definitions of severe and prolonged disability and he was entitled to CPP disability pension with payments commencing April 2011.

Court Disposition

Appeal allowed; claimant entitled to a Canada Pension Plan disability pension.

Orders

  • Appeal allowed.
  • Minister to pay CPP disability pension to the claimant commencing April 2011.