AH v Minister of Employment and Social Development

AH v Minister of Employment and Social Development

The claimant failed to prove on the balance of probabilities that she had functional limitations that were severe as of the MQP December 31, 2014, because contemporaneous medical evidence did not show limitations precluding substantially gainful work and the claimant refused recommended treatments without a reasonable explanation; therefore entitlement under the CPP disability and Late Applicant provision is not established and the appeal must be dismissed.

Citation
2021 SST 411
Parties
Appellant (claimant): A. H.; 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 Disability Appeal / General Division Decision (hearing and Written Reasons)
Outcome
Appeal dismissed; claimant not eligible for Canada Pension Plan disability pension.
Legal Topics
CPP Disability Pension Eligibility, Late Applicant Provision, Minimum Qualifying Period, Severity and Prolonged Definition, Medical Evidence and Functional Limitations, Failure to Follow Medical Advice
Source Language
English
Social Security Law Administrative Law Employment and Social Development CPP Disability Pension Eligibility Late Applicant Provision Minimum Qualifying Period Severity and Prolonged Definition Medical Evidence and Functional Limitations +1 more

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Parties

A. H.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (hearing and Written Reasons)

Legal Issues

  1. 1 Was the claimant disabled (severe) by the MQP of December 31, 2014?
  2. 2 If severe, was the disability prolonged?
  3. 3 Whether medical evidence on or before the MQP established functional limitations precluding substantially gainful work

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that she had functional limitations that were severe as of the MQP December 31, 2014, because contemporaneous medical evidence did not show limitations precluding substantially gainful work and the claimant refused recommended treatments without a reasonable explanation; therefore entitlement under the CPP disability and Late Applicant provision is not established and the appeal must be dismissed.

Court Disposition

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