JR v Minister of Employment and Social Development

JR v Minister of Employment and Social Development

The claimant failed to prove a severe disability because contemporaneous medical evidence showed objective improvement with treatment, normal or only mild findings on imaging and clinical exams, and no demonstrated functional limitations that would prevent regularly pursuing any substantially gainful occupation by the hearing date; therefore the CPP severe requirement was not satisfied and the appeal was dismissed without addressing prolongation.

Citation
2021 SST 427
Parties
Appellant (claimant): J. R.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 March 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision Following Teleconference Hearing
Outcome
Appeal dismissed; claimant is not eligible for a Canada Pension Plan disability pension.
Legal Topics
Canada Pension Plan, CPP Disability Pension, Severe and Prolonged Disability, Medical Evidence and Functional Limitations, Burden of Proof
Source Language
English
Social Security Administrative Law Disability Benefits Canada Pension Plan CPP Disability Pension Severe and Prolonged Disability Medical Evidence and Functional Limitations Burden of Proof

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Parties

J. R.

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 has a disability that is severe under s.42(2)(a) of the Canada Pension Plan
  2. 2 Whether the claimant's functional limitations prevent her from regularly pursuing any substantially gainful occupation
  3. 3 Whether the medical evidence supports the claimant's alleged functional limitations as of the hearing date

Ratio Decidendi

The claimant failed to prove a severe disability because contemporaneous medical evidence showed objective improvement with treatment, normal or only mild findings on imaging and clinical exams, and no demonstrated functional limitations that would prevent regularly pursuing any substantially gainful occupation by the hearing date; therefore the CPP severe requirement was not satisfied and the appeal was dismissed without addressing prolongation.

Court Disposition

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

Orders

  • Appeal dismissed