MF v Minister of Employment and Social Development

MF v Minister of Employment and Social Development

The Tribunal accepted the claimant's credible evidence of severe functional limitations from April 2013 onward, found those limitations, combined with mental health symptoms and poor employability, rendered him regularly incapable of any substantially gainful work during the prorated MQP (Jan–Jun 2013), and concluded the disability is prolonged; therefore the claimant qualifies for CPP disability pension with payments effective May 2018.

Citation
2021 SST 165
Parties
Appellant (claimant): M. F.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal allowed; claimant qualifies for a Canada Pension Plan disability pension.
Legal Topics
CPP Disability Pension, Minimum Qualifying Period (mqp), Severe and Prolonged Disability, Deemed Date of Disability
Source Language
English
Social Security Pensions Administrative Law CPP Disability Pension Minimum Qualifying Period (mqp) Severe and Prolonged Disability Deemed Date of Disability

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Parties

M. F.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant had a severe disability on or before the first MQP end date (December 31, 2012)
  2. 2 Whether the claimant became severely disabled during the prorated MQP (January 1, 2013 to June 30, 2013)
  3. 3 Whether the claimant's disability is prolonged

Ratio Decidendi

The Tribunal accepted the claimant's credible evidence of severe functional limitations from April 2013 onward, found those limitations, combined with mental health symptoms and poor employability, rendered him regularly incapable of any substantially gainful work during the prorated MQP (Jan–Jun 2013), and concluded the disability is prolonged; therefore the claimant qualifies for CPP disability pension with payments effective May 2018.

Court Disposition

Appeal allowed; claimant qualifies for a Canada Pension Plan disability pension.

Orders

  • Appeal allowed
  • Grant Canada Pension Plan disability pension to claimant M. F. with pension payments effective May 2018