KN v Minister of Employment and Social Development

KN v Minister of Employment and Social Development

The appeal is dismissed because the medical evidence showed stability and improvement with conservative treatment, the claimant retained transferable skills and real‑world work capacity, and she failed to attempt or pursue accommodated or alternative work despite medical advice; therefore her condition was not severe by the hearing date and eligibility for CPP disability was not established.

Citation
2020 SST 1253
Parties
Appellant (claimant): K. N.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 October 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Teleconference Hearing and Decision
Outcome
Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.
Legal Topics
CPP Disability Determination, Severe and Prolonged Test, Treatment Adherence, Work Capacity and Accommodation, Efforts to Obtain or Maintain Employment
Source Language
English
Canada Pension Plan Social Security Administrative Law Disability Law CPP Disability Determination Severe and Prolonged Test Treatment Adherence Work Capacity and Accommodation +1 more

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Parties

K. N.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Teleconference Hearing and Decision

Legal Issues

  1. 1 Whether the claimant's disability was severe (incapable regularly of pursuing any substantially gainful occupation) by the hearing date
  2. 2 Whether the claimant's disability was prolonged
  3. 3 Whether the claimant followed recommended treatment and pursued work or accommodated alternatives

Ratio Decidendi

The appeal is dismissed because the medical evidence showed stability and improvement with conservative treatment, the claimant retained transferable skills and real‑world work capacity, and she failed to attempt or pursue accommodated or alternative work despite medical advice; therefore her condition was not severe by the hearing date and eligibility for CPP disability was not established.

Court Disposition

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

Orders

  • Appeal dismissed