MP v Minister of Employment and Social Development

MP v Minister of Employment and Social Development

On the evidence the claimant suffered functional limitations that rendered her incapable regularly of pursuing any substantially gainful occupation and her condition was prolonged; however CPP deeming rules limit backdating to 15 months before application (deemed disabled June 2017) and after a four month waiting period payments commence October 2017, so the appeal is allowed and pension payments start October 2017.

Citation
2021 SST 54
Parties
Appellant (claimant): M. P.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal allowed
Legal Topics
Canada Pension Plan, Disability Pension, Severe and Prolonged Test, Minimum Qualifying Period
Source Language
English
Social Security Administrative Law Disability Benefits Canada Pension Plan Disability Pension Severe and Prolonged Test Minimum Qualifying Period

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Parties

M. P.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant's disability was severe as of December 31, 2018
  2. 2 Whether the claimant's disability was prolonged
  3. 3 Whether the claimant had capacity to regularly pursue any substantially gainful occupation in the real world

Ratio Decidendi

On the evidence the claimant suffered functional limitations that rendered her incapable regularly of pursuing any substantially gainful occupation and her condition was prolonged; however CPP deeming rules limit backdating to 15 months before application (deemed disabled June 2017) and after a four month waiting period payments commence October 2017, so the appeal is allowed and pension payments start October 2017.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant eligible for Canada Pension Plan disability pension