AE v Minister of Employment and Social Development

AE v Minister of Employment and Social Development

The claimant failed to prove he was severely disabled by January 31, 1996 because there is no objective medical evidence showing functional limitations affecting his ability to work by that date and his own work activities (operating a variety store with long hours in 1995–1996) demonstrate capacity; therefore he did not meet the proration requirement and is not eligible for CPP disability.

Citation
2021 SST 159
Parties
Appellant (claimant): A. E.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 March 2021
Procedural Posture
Canada Pension Plan Disability / General Division – Income Security Section Decision
Outcome
Appeal dismissed
Legal Topics
CPP Disability, Minimum Qualifying Period, Proration, Severe Disability, Prolonged Disability, Evidentiary Sufficiency
Source Language
English
Social Security Canada Pension Plan Administrative Law CPP Disability Minimum Qualifying Period Proration Severe Disability Prolonged Disability +1 more

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Parties

A. E.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability / General Division – Income Security Section Decision

Legal Issues

  1. 1 Whether the claimant became disabled between January 1 and January 31, 1996
  2. 2 Whether the claimant met the CPP definition of severe disability by the end of January 1996
  3. 3 Whether the available medical evidence establishes functional limitations affecting work by January 31, 1996

Ratio Decidendi

The claimant failed to prove he was severely disabled by January 31, 1996 because there is no objective medical evidence showing functional limitations affecting his ability to work by that date and his own work activities (operating a variety store with long hours in 1995–1996) demonstrate capacity; therefore he did not meet the proration requirement and is not eligible for CPP disability.

Court Disposition

Appeal dismissed

Orders

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