RN v Minister of Employment and Social Development

RN v Minister of Employment and Social Development

Objective medical evidence demonstrated the claimant had functional limitations from end‑stage liver disease that made him incapable of regularly pursuing any substantially gainful occupation by December 31, 2017, and the condition was likely to be long continued or fatal; the Minister's reliance on gaps in primary care notes did not defeat the available corroborating evidence, and statutory timing rules required payments to begin September 2018, so the appeal is allowed and entitlement established.

Citation
2021 SST 417
Parties
Appellant / Claimant: R. N.; Respondent / Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
15 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision Appeal Allowed
Outcome
Appeal allowed; claimant eligible for CPP disability pension
Legal Topics
Canada Pension Plan, CPP Disability Pension, Minimum Qualifying Period, Severe and Prolonged Disability, Medical Evidence, Following Medical Advice, Retroactive Payments
Source Language
English
Social Security Administrative Law Disability Benefits Benefit Entitlement Canada Pension Plan CPP Disability Pension Minimum Qualifying Period Severe and Prolonged Disability +3 more

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Parties

R. N.

Appellant / Claimant

Minister of Employment and Social Development

Respondent / Minister

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision Appeal Allowed

Legal Issues

  1. 1 Whether the claimant had a severe disability by the end of the MQP (December 31, 2017)
  2. 2 Whether the claimant's disability was prolonged as of the MQP
  3. 3 Whether the claimant followed medical advice or had a reasonable explanation for not doing so

Ratio Decidendi

Objective medical evidence demonstrated the claimant had functional limitations from end‑stage liver disease that made him incapable of regularly pursuing any substantially gainful occupation by December 31, 2017, and the condition was likely to be long continued or fatal; the Minister's reliance on gaps in primary care notes did not defeat the available corroborating evidence, and statutory timing rules required payments to begin September 2018, so the appeal is allowed and entitlement established.

Court Disposition

Appeal allowed; claimant eligible for CPP disability pension

Orders

  • Appeal allowed
  • Claimant entitled to Canada Pension Plan disability pension