The Estate of TS v Minister of Employment and Social Development

The Estate of TS v Minister of Employment and Social Development

The evidence did not prove on the balance of probabilities that the deceased continuously lacked the capacity to form or express an intention to apply for CPP disability from November 2006 to December 15, 2017; gaps in medical records, contemporaneous acts indicating capacity in January 2018 (consents, refusals, and signing a will), and an unsupported Declaration of Incapacity mean the statutory test and continuity requirement were not met, so the Estate is not entitled to greater retroactivity.

Citation
2021 SST 358
Parties
Appellant (claimant): The Estate of T. S.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 January 2021
Procedural Posture
CPP Disability Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Canada Pension Plan, Disability Pension, Incapacity, Retroactivity, Capacity to Apply
Source Language
English
Social Security Administrative Law Estate Law Canada Pension Plan Disability Pension Incapacity Retroactivity Capacity to Apply

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Parties

The Estate of T. 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 deceased was incapable of forming or expressing an intention to apply for a CPP disability pension between November 2006 and December 15, 2017
  2. 2 If incapacity existed, when did it begin and was the period continuous

Ratio Decidendi

The evidence did not prove on the balance of probabilities that the deceased continuously lacked the capacity to form or express an intention to apply for CPP disability from November 2006 to December 15, 2017; gaps in medical records, contemporaneous acts indicating capacity in January 2018 (consents, refusals, and signing a will), and an unsupported Declaration of Incapacity mean the statutory test and continuity requirement were not met, so the Estate is not entitled to greater retroactivity.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Reconsideration decision upheld