CB v Minister of Employment and Social Development

CB v Minister of Employment and Social Development

On the balance of probabilities the claimant's combined mental and physical impairments rendered her incapable regularly of pursuing any substantially gainful occupation by February 9, 2021 and were long continued and of indefinite duration; because the application was received January 29, 2019 the claimant's deemed date of disability is October 2017 and pension payments start four months later, February 2018.

Citation
2021 SST 127
Parties
Appellant (claimant): C. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision Following Teleconference Hearing
Outcome
Appeal allowed; claimant entitled to Canada Pension Plan disability pension payable from February 2018.
Legal Topics
Canada Pension Plan, Minimum Qualifying Period (mqp), Severe and Prolonged Disability Test, Deemed Date of Disability, Credibility and Medical Evidence
Source Language
English
Social Security Administrative Law Disability Benefits Pensions Canada Pension Plan Minimum Qualifying Period (mqp) Severe and Prolonged Disability Test Deemed Date of Disability +1 more

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Parties

C. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision Following Teleconference Hearing

Legal Issues

  1. 1 Whether the claimant had a severe disability by the date of the hearing (February 9, 2021)
  2. 2 Whether the claimant's disability was prolonged (long continued and of indefinite duration)
  3. 3 Determination of deemed date of disability and pension payment start date

Ratio Decidendi

On the balance of probabilities the claimant's combined mental and physical impairments rendered her incapable regularly of pursuing any substantially gainful occupation by February 9, 2021 and were long continued and of indefinite duration; because the application was received January 29, 2019 the claimant's deemed date of disability is October 2017 and pension payments start four months later, February 2018.

Court Disposition

Appeal allowed; claimant entitled to Canada Pension Plan disability pension payable from February 2018.

Orders

  • Appeal allowed
  • Payment of Canada Pension Plan disability pension from February 2018