AP v Minister of Employment and Social Development

AP v Minister of Employment and Social Development

On the balance of probabilities the tribunal accepted the claimant's credible testimony and contemporaneous medical evidence showing longstanding, treatment‑resistant bipolar disorder and related functional limitations that rendered her incapable of regularly pursuing any substantially gainful occupation as of April 2019, making the disability severe and prolonged and entitling her to CPP disability pension effective August 2019 (after the four‑month waiting period).

Citation
2021 SST 244
Parties
Appellant (claimant): A. P.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 June 2021
Procedural Posture
Canada Pension Plan Disability / General Division Decision (appeal Allowed)
Outcome
Appeal allowed; claimant eligible for CPP disability pension
Legal Topics
CPP Disability, Severe and Prolonged, Eligibility, Medical Evidence, Treatment Resistant Condition
Source Language
English
Social Security Administrative Law Disability Benefits Employment and Social Development CPP Disability Severe and Prolonged Eligibility Medical Evidence +1 more

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Parties

A. P.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability / General Division Decision (appeal Allowed)

Legal Issues

  1. 1 Whether the appellant's impairment is 'severe' for CPP purposes
  2. 2 Whether the appellant's impairment is 'prolonged'
  3. 3 Onset date of the severe and prolonged disability

Ratio Decidendi

On the balance of probabilities the tribunal accepted the claimant's credible testimony and contemporaneous medical evidence showing longstanding, treatment‑resistant bipolar disorder and related functional limitations that rendered her incapable of regularly pursuing any substantially gainful occupation as of April 2019, making the disability severe and prolonged and entitling her to CPP disability pension effective August 2019 (after the four‑month waiting period).

Court Disposition

Appeal allowed; claimant eligible for CPP disability pension

Orders

  • Claimant eligible for Canada Pension Plan disability pension
  • Payments to start August 2019 (four‑month waiting period applied)