SA v Minister of Employment and Social Development

SA v Minister of Employment and Social Development

Medical evidence and credible testimony established that the claimant suffered chronic pain with functional limitations from March 2017 that prevented regular pursuit of any substantially gainful occupation, the claimant made reasonable efforts to follow treatment and little likelihood of improvement exists; therefore she met the severe and prolonged test, but CPP deeming rules fix onset at October 2017 and payments start February 2018.

Citation
2021 SST 128
Parties
Appellant (claimant): S. A.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 February 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal allowed; claimant eligible for CPP disability pension.
Legal Topics
CPP Disability Pension, Severe and Prolonged Test, Minimum Qualifying Period, Treatment Compliance, Functional Capacity Assessment
Source Language
English
Social Security Canada Pension Plan Administrative Law Disability Benefits CPP Disability Pension Severe and Prolonged Test Minimum Qualifying Period Treatment Compliance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S. A.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant had a severe disability by December 31, 2019
  2. 2 Whether the claimant's disability was prolonged
  3. 3 Whether the claimant had capacity to regularly pursue any substantially gainful occupation in the real world

Ratio Decidendi

Medical evidence and credible testimony established that the claimant suffered chronic pain with functional limitations from March 2017 that prevented regular pursuit of any substantially gainful occupation, the claimant made reasonable efforts to follow treatment and little likelihood of improvement exists; therefore she met the severe and prolonged test, but CPP deeming rules fix onset at October 2017 and payments start February 2018.

Court Disposition

Appeal allowed; claimant eligible for CPP disability pension.

Orders

  • Appeal allowed.
  • Claimant found to have had a severe and prolonged disability (medically) as of March 2017.