RP v Minister of Employment and Social Development

RP v Minister of Employment and Social Development

Claimant did not prove a severe disability by the MQP date because medical evidence and testimony showed he managed supervisory, mainly sedentary farm duties, he declined recommended hand therapy without reasonable explanation, and the treating psychiatrist's opinions were given little weight due to limited, inconsistent and unsupported evidence; therefore appeal dismissed.

Citation
2021 SST 409
Parties
Appellant (claimant): R. P.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.
Legal Topics
CPP Disability, Severe and Prolonged Disability, Medical Evidence and Weight of Opinions, Failure to Follow Medical Advice
Source Language
English
Social Security Administrative Law Employment Disability CPP Disability Severe and Prolonged Disability Medical Evidence and Weight of Opinions Failure to Follow Medical Advice

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Parties

R. P.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant had a severe disability by December 31, 2020
  2. 2 Whether the claimant's disability was prolonged
  3. 3 Whether the claimant exhausted reasonable medical treatments

Ratio Decidendi

Claimant did not prove a severe disability by the MQP date because medical evidence and testimony showed he managed supervisory, mainly sedentary farm duties, he declined recommended hand therapy without reasonable explanation, and the treating psychiatrist's opinions were given little weight due to limited, inconsistent and unsupported evidence; therefore appeal dismissed.

Court Disposition

Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.