GC v Minister of Employment and Social Development

GC v Minister of Employment and Social Development

Because the Claimant's 2015-2017 earnings exceeded the CPP substantially gainful threshold and were comparable to her pre-disability earnings, and the workplace accommodations did not materially reduce production or expectations (not a benevolent employer), the Minister proved on the balance of probabilities that the Claimant was no longer severely disabled as of end of April 2015; the benefit cancellation was upheld.

Citation
2021 SST 283
Parties
Appellant (claimant): G. C.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 March 2021
Procedural Posture
Canada Pension Plan (cpp) Disability / General Division Decision on Appeal From Reconsideration of Benefit Cancellation
Outcome
Appeal dismissed; cancellation of CPP disability benefit upheld.
Legal Topics
CPP Disability Cancellation, Severe Disability, Substantially Gainful Employment, Benevolent Employer, Repayment
Source Language
English
Pensions Social Security Administrative Law CPP Disability Cancellation Severe Disability Substantially Gainful Employment Benevolent Employer Repayment

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Parties

G. C.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability / General Division Decision on Appeal From Reconsideration of Benefit Cancellation

Legal Issues

  1. 1 Whether the Claimant continued to have a severe disability on and after April 2015
  2. 2 Whether the Claimant was engaged in substantially gainful employment after April 2015
  3. 3 Whether the Claimant's employer was a benevolent employer whose accommodations masked a lack of severity

Ratio Decidendi

Because the Claimant's 2015-2017 earnings exceeded the CPP substantially gainful threshold and were comparable to her pre-disability earnings, and the workplace accommodations did not materially reduce production or expectations (not a benevolent employer), the Minister proved on the balance of probabilities that the Claimant was no longer severely disabled as of end of April 2015; the benefit cancellation was upheld.

Court Disposition

Appeal dismissed; cancellation of CPP disability benefit upheld.

Orders

  • Appeal dismissed.
  • Cancellation of CPP disability benefit upheld effective May 1, 2015.