AJ v Minister of Employment and Social Development

AJ v Minister of Employment and Social Development

The claimant failed to produce objective medical evidence establishing that his condition was severe by the MQP date of December 31, 2013; therefore he is not entitled to CPP disability and the appeal is dismissed.

Citation
2021 SST 416
Parties
Appellant (claimant): A. J.; 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 / General Division Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Canada Pension Plan, Severe and Prolonged Disability, Minimum Qualifying Period, Objective Medical Evidence
Source Language
English
Social Security Administrative Law Disability Benefits Canada Pension Plan Severe and Prolonged Disability Minimum Qualifying Period Objective Medical Evidence

Case Brief

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Parties

A. J.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability / General Division Decision on Appeal

Legal Issues

  1. 1 Whether the claimant was incapable regularly of pursuing any substantially gainful occupation by the MQP date of December 31, 2013
  2. 2 Whether the claimant's disability was prolonged (likely to be long continued and of indefinite duration) by December 31, 2013

Ratio Decidendi

The claimant failed to produce objective medical evidence establishing that his condition was severe by the MQP date of December 31, 2013; therefore he is not entitled to CPP disability and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not entitled to a Canada Pension Plan disability pension