WW v Minister of Employment and Social Development

WW v Minister of Employment and Social Development

On the whole of the evidence, including the treating family physician's September 2020 letter and contemporaneous records, the claimant's functional limitations (fatigue, pain, weakness and unpredictable bowel movements) rendered her incapable regularly of pursuing any substantially gainful occupation by January 2018 and were likely to continue indefinitely; therefore she met the CPP severe and prolonged test by the MQP and is eligible for a CPP disability pension with payments commencing after the four‑month waiting period (May 2018).

Citation
2021 SST 438
Parties
Appellant (claimant): W. W.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 June 2021
Procedural Posture
Canada Pension Plan Disability Pension Appeal / General Division Rehearing After Appeal Division Remand
Outcome
Appeal allowed; claimant found eligible for Canada Pension Plan disability pension
Legal Topics
CPP Disability Eligibility, Severe and Prolonged Disability, Minimum Qualifying Period, Medical Evidence Assessment, Procedural Fairness/remand, Benefit Commencement
Source Language
English
Social Security Law Administrative Law CPP Disability Eligibility Severe and Prolonged Disability Minimum Qualifying Period Medical Evidence Assessment Procedural Fairness/remand Benefit Commencement

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Parties

W. W.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Pension Appeal / General Division Rehearing After Appeal Division Remand

Legal Issues

  1. 1 Whether the claimant had a disability that was severe by the end of the minimum qualifying period (December 31, 2018)
  2. 2 Whether the claimant's disability was prolonged as of the MQP date
  3. 3 Whether missing/late evidence affected procedural fairness and required remand

Ratio Decidendi

On the whole of the evidence, including the treating family physician's September 2020 letter and contemporaneous records, the claimant's functional limitations (fatigue, pain, weakness and unpredictable bowel movements) rendered her incapable regularly of pursuing any substantially gainful occupation by January 2018 and were likely to continue indefinitely; therefore she met the CPP severe and prolonged test by the MQP and is eligible for a CPP disability pension with payments commencing after the four‑month waiting period (May 2018).

Court Disposition

Appeal allowed; claimant found eligible for Canada Pension Plan disability pension

Orders

  • Appeal allowed
  • Claimant eligible for CPP disability pension