SS v Minister of Employment and Social Development

SS v Minister of Employment and Social Development

Claimant was not entitled to CPP disability because by the MQP date (December 31, 2019) he retained some capacity for non‑corrections work demonstrated by earlier trial employment, provided no objective medical evidence of deterioration after March 2018 to establish incapacity by the MQP date, and made no attempt to find or retain suitable employment after March 2018, therefore his disability was not shown to be severe.

Citation
2021 SST 517
Parties
Appellant (claimant): S. S.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 July 2021
Procedural Posture
CPP Disability Appeal / General Division Decision
Outcome
Appeal dismissed; claimant not entitled to a Canada Pension Plan disability pension.
Legal Topics
Canada Pension Plan, Disability Pension, Severe and Prolonged Test, Functional Capacity, Medical Evidence, Burden of Proof
Source Language
English
Social Security Administrative Law Employment Law Canada Pension Plan Disability Pension Severe and Prolonged Test Functional Capacity Medical Evidence +1 more

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Parties

S. S.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant had a severe disability by the MQP date (December 31, 2019)
  2. 2 Whether the claimant had a prolonged disability
  3. 3 Whether the claimant retained any capacity to pursue substantially gainful employment and whether he made reasonable efforts to obtain or retain suitable work

Ratio Decidendi

Claimant was not entitled to CPP disability because by the MQP date (December 31, 2019) he retained some capacity for non‑corrections work demonstrated by earlier trial employment, provided no objective medical evidence of deterioration after March 2018 to establish incapacity by the MQP date, and made no attempt to find or retain suitable employment after March 2018, therefore his disability was not shown to be severe.

Court Disposition

Appeal dismissed; claimant not entitled to a Canada Pension Plan disability pension.

Orders

  • Appeal dismissed
  • No entitlement to CPP disability pension