TB v Minister of Employment and Social Development

TB v Minister of Employment and Social Development

The appeal was dismissed because the claimant failed to follow reasonable treatment recommendations—specifically he refused psychiatric medication that treating physicians believed would likely have materially improved his mental health and possibly his somatic pain—so he did not prove on the balance of probabilities that his disability was severe by the MQP; given this failure it was unnecessary to apply the Villani real-world factors.

Citation
2021 SST 811
Parties
Appellant (claimant): T. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 May 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Canada Pension Plan, Disability Benefits, Severe and Prolonged Disability, Failure to Follow Treatment Recommendations
Source Language
English
Social Security Administrative Law Canada Pension Plan Disability Benefits Severe and Prolonged Disability Failure to Follow Treatment Recommendations

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Parties

T. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant had a severe disability by the MQP date (Dec 31, 2019)
  2. 2 Whether the disability was prolonged
  3. 3 Whether the claimant's failure to follow reasonable treatment recommendations precludes finding a severe disability

Ratio Decidendi

The appeal was dismissed because the claimant failed to follow reasonable treatment recommendations—specifically he refused psychiatric medication that treating physicians believed would likely have materially improved his mental health and possibly his somatic pain—so he did not prove on the balance of probabilities that his disability was severe by the MQP; given this failure it was unnecessary to apply the Villani real-world factors.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not eligible for a Canada Pension Plan disability pension