SK v Minister of Employment and Social Development

SK v Minister of Employment and Social Development

The claimant failed to prove a severe disability as of December 31, 2011 because the objective medical evidence instead attributes her disabling conditions to a motor vehicle accident in November 2012 and other diagnoses post‑date the MQP; therefore she is not eligible for a CPP disability pension.

Citation
2021 SST 232
Parties
Appellant (claimant): S. K.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 April 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / General Division Decision
Outcome
Appeal dismissed; claimant not eligible for Canada Pension Plan disability pension
Legal Topics
CPP Disability, Minimum Qualifying Period, Severe and Prolonged Disability, Medical Evidence, Burden of Proof
Source Language
English
Social Security Administrative Law Pension Law Employment and Social Development CPP Disability Minimum Qualifying Period Severe and Prolonged Disability Medical Evidence +1 more

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Parties

S. K.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant had a disability that was severe by the MQP date of December 31, 2011
  2. 2 Whether the disability was prolonged
  3. 3 Whether medical evidence corroborated functional limitations preventing any substantially gainful occupation by the MQP

Ratio Decidendi

The claimant failed to prove a severe disability as of December 31, 2011 because the objective medical evidence instead attributes her disabling conditions to a motor vehicle accident in November 2012 and other diagnoses post‑date the MQP; therefore she is not eligible for a CPP disability pension.

Court Disposition

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

Orders

  • Appeal dismissed