MP v Minister of Employment and Social Development

MP v Minister of Employment and Social Development

The claimant's documented functional limitations, corroborated by his treating physician and witness evidence, coupled with his age, education and narrow physical work history, satisfied the CPP definitions of severe and prolonged disability by December 31, 2018; therefore he is entitled to CPP disability pension with payments commencing April 2019 under the 15‑month retroactivity and four‑month waiting rules.

Citation
2021 SST 236
Parties
Claimant (appellant): M. P.; Minister (respondent): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 April 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Hearing and Decision (appeal Allowed)
Outcome
Appeal allowed; claimant entitled to Canada Pension Plan disability pension
Legal Topics
CPP Disability, Severity and Prolongation, Functional Capacity Assessment, Medical Evidence and Objective Verification, Treatment Adherence and Reasonable Explanation, Onset and Payment Start Date
Source Language
English
Social Security Administrative Law Disability Benefits Canada Pension Plan Matters CPP Disability Severity and Prolongation Functional Capacity Assessment Medical Evidence and Objective Verification +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

M. P.

Claimant (appellant)

Minister of Employment and Social Development

Minister (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant had a disability that was 'severe' by the end of the minimum qualifying period (December 31, 2018)
  2. 2 Whether the claimant's disability was 'prolonged' as required by the CPP
  3. 3 Whether the claimant failed to follow medical advice and, if so, whether there was a reasonable explanation

Ratio Decidendi

The claimant's documented functional limitations, corroborated by his treating physician and witness evidence, coupled with his age, education and narrow physical work history, satisfied the CPP definitions of severe and prolonged disability by December 31, 2018; therefore he is entitled to CPP disability pension with payments commencing April 2019 under the 15‑month retroactivity and four‑month waiting rules.

Court Disposition

Appeal allowed; claimant entitled to Canada Pension Plan disability pension

Orders

  • Appeal allowed.
  • Claimant entitled to CPP disability pension.