RS v Minister of Employment and Social Development

RS v Minister of Employment and Social Development

The contemporaneous medical evidence, particularly multiple gastroenterologist progress reports documenting remission and normal or solid stools, did not objectively support disabling functional limitations; a subsequent outlier report was given little weight as advocacy. Because the claimant failed to prove he was incapable regularly of pursuing any substantially gainful occupation, his disability is not severe and the appeal is dismissed.

Citation
2021 SST 434
Parties
Claimant: R. S.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 April 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension
Legal Topics
CPP Disability Eligibility, Severe and Prolonged Disability, Medical Evidence and Weight, Functional Limitations Vs Diagnosis
Source Language
English
Social Security Law Pension Law Administrative Law CPP Disability Eligibility Severe and Prolonged Disability Medical Evidence and Weight Functional Limitations Vs Diagnosis

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Parties

R. S.

Claimant

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether the claimant's disability is severe (incapable regularly of pursuing any substantially gainful occupation)
  2. 2 Whether the disability is prolonged
  3. 3 Whether the medical evidence objectively supports the claimant's asserted functional limitations

Ratio Decidendi

The contemporaneous medical evidence, particularly multiple gastroenterologist progress reports documenting remission and normal or solid stools, did not objectively support disabling functional limitations; a subsequent outlier report was given little weight as advocacy. Because the claimant failed to prove he was incapable regularly of pursuing any substantially gainful occupation, his disability is not severe and the appeal is dismissed.

Court Disposition

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

Orders

  • Appeal dismissed
  • Claimant not eligible for CPP disability pension