VR v Minister of Employment and Social Development

VR v Minister of Employment and Social Development

Member found claimant suffered from alcoholism contributing to severe functional limitations (fatigue, poor memory, dizziness, poor hygiene) rendering her incapable regularly of pursuing any substantially gainful occupation by December 2015, and that the disability was prolonged; therefore appeal allowed and claimant eligible for CPP disability but entitlement is deemed from the MQP date (January 2017) with payment from May 2017.

Citation
2021 SST 121
Parties
Appellant/claimant: V. R.; Respondent/minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 March 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal allowed
Legal Topics
CPP Disability, Severe and Prolonged Disability, Minimum Qualifying Period, Alcoholism and Causation, Medical Evidence, Compliance With Treatment
Source Language
English
Social Security Administrative Law Disability Law Employment and Social Development CPP Disability Severe and Prolonged Disability Minimum Qualifying Period Alcoholism and Causation +2 more

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Parties

V. R.

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’s disability is severe (incapable regularly of pursuing any substantially gainful occupation)
  2. 2 Whether the claimant’s disability is prolonged (likely long continued or of indefinite duration)
  3. 3 Whether alcohol-related disorder is a self-induced condition that precludes entitlement

Ratio Decidendi

Member found claimant suffered from alcoholism contributing to severe functional limitations (fatigue, poor memory, dizziness, poor hygiene) rendering her incapable regularly of pursuing any substantially gainful occupation by December 2015, and that the disability was prolonged; therefore appeal allowed and claimant eligible for CPP disability but entitlement is deemed from the MQP date (January 2017) with payment from May 2017.

Court Disposition

Appeal allowed

Orders

  • Claimant is eligible for a Canada Pension Plan disability pension.
  • Payments to start May 2017 (claimant deemed disabled as of January 2017 under MQP rules).