KM v Minister of Employment and Social Development,

KM v Minister of Employment and Social Development,

The claimant demonstrated, by objective medical evidence and consistent history, functional limitations from panic disorder, anxiety and agoraphobia that rendered her incapable of regularly pursuing any substantially gainful occupation and likely to continue indefinitely; applying the CPP 15-month rule and four-month waiting period, she became disabled as of January 2019 and payments commence May 2019.

Citation
2021 SST 233
Parties
Appellant (claimant): K. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 April 2021
Procedural Posture
CPP Disability Appeal / General Division Decision After Teleconference Hearing (hearing April 13, 2021; Decision April 14, 2021)
Outcome
Appeal allowed; claimant found eligible for CPP disability pension
Legal Topics
CPP Disability Pension Eligibility, Severe and Prolonged Test, Minimum Qualifying Period and Waiting Period, Assessment of Functional Limitations
Source Language
English
Social Security Administrative Law CPP Disability Pension Eligibility Severe and Prolonged Test Minimum Qualifying Period and Waiting Period Assessment of Functional Limitations

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Parties

K. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / General Division Decision After Teleconference Hearing (hearing April 13, 2021; Decision April 14, 2021)

Legal Issues

  1. 1 Whether the claimant's disability was severe (incapable of regularly pursuing any substantially gainful occupation)
  2. 2 Whether the claimant's disability was prolonged (likely to be long continued and of indefinite duration)
  3. 3 When pension payments should commence under the CPP rules

Ratio Decidendi

The claimant demonstrated, by objective medical evidence and consistent history, functional limitations from panic disorder, anxiety and agoraphobia that rendered her incapable of regularly pursuing any substantially gainful occupation and likely to continue indefinitely; applying the CPP 15-month rule and four-month waiting period, she became disabled as of January 2019 and payments commence May 2019.

Court Disposition

Appeal allowed; claimant found eligible for CPP disability pension

Orders

  • Minister's decision refusing the CPP disability pension is set aside
  • CPP disability pension payable to the claimant starting May 2019