CB v Minister of Employment and Social Development

CB v Minister of Employment and Social Development

On the balance of probabilities the Tribunal accepted the claimant's credible testimony and supporting medical reports (notably Dr. Zayani) that the combined impairments rendered her incapable regularly of pursuing any substantially gainful occupation by the MQP of December 31, 2019, and that the disability was long continued and of indefinite duration; therefore CPP disability entitlement attaches and payments begin April 2019.

Citation
2021 SST 425
Parties
Appellant (claimant): C. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal allowed; CPP disability pension awarded
Legal Topics
Canada Pension Plan, Disability Pension, Minimum Qualifying Period (mqp), Severity and Prolongation Test, Medical Evidence, Burden of Proof, Date of Disability
Source Language
English
Social Security Administrative Law Employment Canada Pension Plan Disability Pension Minimum Qualifying Period (mqp) Severity and Prolongation Test Medical Evidence +2 more

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Parties

C. 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 was severely disabled by December 31, 2019 (incapable regularly of pursuing any substantially gainful occupation)
  2. 2 Whether the claimant's disability was prolonged (long continued and of indefinite duration)

Ratio Decidendi

On the balance of probabilities the Tribunal accepted the claimant's credible testimony and supporting medical reports (notably Dr. Zayani) that the combined impairments rendered her incapable regularly of pursuing any substantially gainful occupation by the MQP of December 31, 2019, and that the disability was long continued and of indefinite duration; therefore CPP disability entitlement attaches and payments begin April 2019.

Court Disposition

Appeal allowed; CPP disability pension awarded

Orders

  • Claimant entitled to Canada Pension Plan disability pension effective April 2019
  • Minister to pay benefits from April 2019 and any applicable retroactive payments/arrears