MA v Minister of Employment and Social Development

MA v Minister of Employment and Social Development

The appeal is dismissed because the Claimant failed to prove on a balance of probabilities that he had a continuous severe disability as of the MQP (December 31, 2013); contemporaneous medical evidence shows intermittent and largely mild impairments, long gaps without objective medical evidence, retrospective evidence was unreliable, and the Claimant did not demonstrate unsuccessful efforts to obtain or maintain work due to health, therefore he does not meet the CPP severe and prolonged test for the benefits period in issue (January 2018 to August 2019).

Citation
2021 SST 446
Parties
Appellant (claimant): M. A.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division – Income Security Section Decision
Outcome
Appeal dismissed
Legal Topics
CPP Disability Pension, Minimum Qualifying Period (mqp), Severe and Prolonged Disability Test, Burden of Proof, Retrospective Medical Evidence Reliability
Source Language
English
Canada Pension Plan Social Security Administrative Law CPP Disability Pension Minimum Qualifying Period (mqp) Severe and Prolonged Disability Test Burden of Proof Retrospective Medical Evidence Reliability

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Parties

M. A.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division – Income Security Section Decision

Legal Issues

  1. 1 Whether the Claimant had a severe disability by the MQP (December 31, 2013)
  2. 2 Whether the Claimant's disability was prolonged by the MQP

Ratio Decidendi

The appeal is dismissed because the Claimant failed to prove on a balance of probabilities that he had a continuous severe disability as of the MQP (December 31, 2013); contemporaneous medical evidence shows intermittent and largely mild impairments, long gaps without objective medical evidence, retrospective evidence was unreliable, and the Claimant did not demonstrate unsuccessful efforts to obtain or maintain work due to health, therefore he does not meet the CPP severe and prolonged test for the benefits period in issue (January 2018 to August 2019).

Court Disposition

Appeal dismissed