NY v Minister of Employment and Social Development

NY v Minister of Employment and Social Development

The Tribunal found insufficient objective medical evidence that the claimant had functional limitations by December 31, 2001 that would render her incapable of regularly pursuing any substantially gainful occupation; a mild cognitive impairment documented in 1999 did not establish incapacity for all occupations and subsequent normal testing undermined the claim of a severe disability, therefore the disability was not severe and the appeal was dismissed.

Citation
2021 SST 906
Parties
Appellant (claimant): N. Y.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 July 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / General Division Decision on Eligibility (appeal Dismissed)
Outcome
Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.
Legal Topics
CPP Disability Eligibility, Severe and Prolonged Test, Minimum Qualifying Period (mqp), Medical Evidence and Functional Limitations, Cognitive Impairment in MS
Source Language
English
Social Security Administrative Law Disability Benefits Canada Pension Plan CPP Disability Eligibility Severe and Prolonged Test Minimum Qualifying Period (mqp) Medical Evidence and Functional Limitations +1 more

Case Brief

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Parties

N. Y.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / General Division Decision on Eligibility (appeal Dismissed)

Legal Issues

  1. 1 Whether the claimant had a severe disability by the MQP (December 31, 2001)
  2. 2 Whether the disability was prolonged
  3. 3 Whether objective medical evidence established functional limitations that prevented the claimant from pursuing any substantially gainful occupation by the MQP

Ratio Decidendi

The Tribunal found insufficient objective medical evidence that the claimant had functional limitations by December 31, 2001 that would render her incapable of regularly pursuing any substantially gainful occupation; a mild cognitive impairment documented in 1999 did not establish incapacity for all occupations and subsequent normal testing undermined the claim of a severe disability, therefore the disability was not severe and the appeal was dismissed.

Court Disposition

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

Orders

  • Appeal dismissed
  • No entitlement to CPP disability pension as of MQP (December 31, 2001)