HH v Minister of Employment and Social Development

HH v Minister of Employment and Social Development

The tribunal found that the claimant’s chronic back pain, associated fatigue and medication effects, combined with her age, minimal education and exclusively physical work history, produced functional limitations that precluded her from regularly pursuing any substantially gainful occupation by the MQP deadline; the disability was therefore severe and prolonged, the MQP-constrained onset was treated as May 2017 and pension payments start September 2017.

Citation
2021 SST 422
Parties
Appellant / Claimant: H. H.; Respondent / Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision Following Teleconference Hearing
Outcome
Appeal allowed; claimant found eligible for Canada Pension Plan disability pension
Legal Topics
CPP Disability Pension Eligibility, Severe and Prolonged Disability, Minimum Qualifying Period and Payment Start Date, Functional Capacity Assessment
Source Language
English
Social Security Law Pension Law Administrative Law CPP Disability Pension Eligibility Severe and Prolonged Disability Minimum Qualifying Period and Payment Start Date Functional Capacity Assessment

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Parties

H. H.

Appellant / Claimant

Minister of Employment and Social Development

Respondent / Minister

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision Following Teleconference Hearing

Legal Issues

  1. 1 Whether the claimant’s disabilities were severe by the end of the minimum qualifying period (Dec 31, 2019)
  2. 2 Whether the claimant’s disabilities were prolonged (long continued/indefinite)
  3. 3 Whether the claimant was capable of regularly pursuing any substantially gainful occupation given all conditions and personal background

Ratio Decidendi

The tribunal found that the claimant’s chronic back pain, associated fatigue and medication effects, combined with her age, minimal education and exclusively physical work history, produced functional limitations that precluded her from regularly pursuing any substantially gainful occupation by the MQP deadline; the disability was therefore severe and prolonged, the MQP-constrained onset was treated as May 2017 and pension payments start September 2017.

Court Disposition

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

Orders

  • Appeal allowed
  • Claimant eligible for CPP disability pension