MC v Minister of Employment and Social Development

MC v Minister of Employment and Social Development

The claimant failed to prove on the balance of probabilities that by the MQP (December 31, 2019) her functional limitations were so severe as to render her incapable regularly of pursuing any substantially gainful occupation; medical evidence showed functional limitations but also benefit from treatment and potential for accommodated or sedentary work, the claimant undertook some work and short training, did not demonstrate unsuccessful vocational efforts caused by her health, and lay witness evidence was not credible; therefore she is not eligible for a CPP disability pension.

Citation
2021 SST 279
Parties
Appellant (claimant): M. C.; Minister (respondent): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / General Division Decision (income Security Section)
Outcome
Appeal dismissed
Legal Topics
CPP Disability Pension Eligibility, Severe and Prolonged Disability, Medical Evidence and Objective Limitations, Vocational Capacity and Employability, Following Medical Advice, Credibility of Witnesses, Retraining and Job Search Efforts
Source Language
English
Social Security Administrative Law CPP Disability Pension Eligibility Severe and Prolonged Disability Medical Evidence and Objective Limitations Vocational Capacity and Employability Following Medical Advice Credibility of Witnesses +1 more

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Parties

M. C.

Appellant (claimant)

Minister of Employment and Social Development

Minister (respondent)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / General Division Decision (income Security Section)

Legal Issues

  1. 1 Whether the claimant had a severe disability by the minimum qualifying period (December 31, 2019)
  2. 2 Whether the disability was prolonged
  3. 3 Whether the claimant followed medical advice

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that by the MQP (December 31, 2019) her functional limitations were so severe as to render her incapable regularly of pursuing any substantially gainful occupation; medical evidence showed functional limitations but also benefit from treatment and potential for accommodated or sedentary work, the claimant undertook some work and short training, did not demonstrate unsuccessful vocational efforts caused by her health, and lay witness evidence was not credible; therefore she is not eligible for a CPP disability pension.

Court Disposition

Appeal dismissed

Orders

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