RS v Minister of Employment and Social Development

RS v Minister of Employment and Social Development

Claimant failed to prove, on a balance of probabilities, that he was incapable regularly of pursuing any substantially gainful occupation by December 31, 2015 (or Feb 28, 2016 prorated) because medical evidence and the claimant's own testimony show his condition deteriorated after those dates and he worked consistently into 2017; therefore he was not entitled to a CPP disability pension.

Citation
2021 SST 651
Parties
Appellant (claimant): R. S.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision (income Security Section)
Outcome
Appeal dismissed
Legal Topics
CPP Disability Eligibility, Minimum Qualifying Period, Severe and Prolonged Test, Capacity to Work
Source Language
English
Social Security Disability Benefits Administrative Law CPP Disability Eligibility Minimum Qualifying Period Severe and Prolonged Test Capacity to Work

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Parties

R. S.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (income Security Section)

Legal Issues

  1. 1 Whether the claimant was disabled (severe and prolonged) by the Minimum Qualifying Period of December 31, 2015
  2. 2 Whether prorated qualifying date February 28, 2016 applies
  3. 3 Whether the claimant retained capacity to regularly pursue any substantially gainful occupation after the qualifying date

Ratio Decidendi

Claimant failed to prove, on a balance of probabilities, that he was incapable regularly of pursuing any substantially gainful occupation by December 31, 2015 (or Feb 28, 2016 prorated) because medical evidence and the claimant's own testimony show his condition deteriorated after those dates and he worked consistently into 2017; therefore he was not entitled to a CPP disability pension.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is not eligible for a Canada Pension Plan disability pension