DL v Minister of Employment and Social Development

DL v Minister of Employment and Social Development

The General Division erred by relying on the claimant's failure to retrain without first finding she had residual capacity to do so; given uncontested medical evidence that she could not sit or stand for more than 30 minutes, the Appeal Division substituted its own decision and found the claimant had a severe and prolonged disability and granted the CPP disability pension.

Citation
2021 SST 16
Parties
Appellant (claimant): D. L.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Appeal Division Decision Substituting General Division Decision
Outcome
Appeal allowed; General Division decision rescinded and substituted; CPP disability pension granted.
Legal Topics
Canada Pension Plan, Severe and Prolonged Disability, Minimum Qualifying Period, Residual Capacity, Retraining Obligations, Standard of Reasons
Source Language
English
Social Security Administrative Law Disability Benefits Employment Law Canada Pension Plan Severe and Prolonged Disability Minimum Qualifying Period Residual Capacity +2 more

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Parties

D. L.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Appeal Division Decision Substituting General Division Decision

Legal Issues

  1. 1 Whether the General Division failed to appreciate claimant lacked resources to pursue retraining
  2. 2 Whether the General Division misinterpreted the legal test for a "severe" disability
  3. 3 Whether the General Division failed to determine if claimant had residual capacity to pursue alternative employment before relying on lack of retraining efforts

Ratio Decidendi

The General Division erred by relying on the claimant's failure to retrain without first finding she had residual capacity to do so; given uncontested medical evidence that she could not sit or stand for more than 30 minutes, the Appeal Division substituted its own decision and found the claimant had a severe and prolonged disability and granted the CPP disability pension.

Court Disposition

Appeal allowed; General Division decision rescinded and substituted; CPP disability pension granted.

Orders

  • General Division decision rescinded and substituted: Claimant granted Canada Pension Plan disability pension.
  • Claimant deemed disabled as of May 2017 and pension payments to commence September 2017.