MM v Minister of Employment and Social Development

MM v Minister of Employment and Social Development

Although the claimant's chronic neck, back and right leg pain prevented return to his previous physically demanding job, the Tribunal found he retained capacity for alternate sedentary work, had adequate education and English for some positions, had not exhausted reasonable efforts or retraining, and therefore failed to prove a severe disability by the MQP (December 31, 2020); appeal dismissed.

Citation
2021 SST 628
Parties
Appellant (claimant): M. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 September 2021
Procedural Posture
CPP Disability Appeal / Social Security Tribunal General Division Decision (appeal Hearing Concluded)
Outcome
Appeal dismissed; claimant not entitled to Canada Pension Plan disability pension
Legal Topics
Canada Pension Plan, Disability Pension, Severe and Prolonged Disability, Employability Assessment
Source Language
English
Social Security Administrative Law Canada Pension Plan Disability Pension Severe and Prolonged Disability Employability Assessment

Case Brief

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Parties

M. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / Social Security Tribunal General Division Decision (appeal Hearing Concluded)

Legal Issues

  1. 1 Whether the claimant was incapable, regularly, of pursuing any substantially gainful occupation by December 31, 2020 (MQP)
  2. 2 Whether the claimant's disability was likely to be long continued and of indefinite duration by December 31, 2020

Ratio Decidendi

Although the claimant's chronic neck, back and right leg pain prevented return to his previous physically demanding job, the Tribunal found he retained capacity for alternate sedentary work, had adequate education and English for some positions, had not exhausted reasonable efforts or retraining, and therefore failed to prove a severe disability by the MQP (December 31, 2020); appeal dismissed.

Court Disposition

Appeal dismissed; claimant not entitled to Canada Pension Plan disability pension

Orders

  • Appeal dismissed
  • Claimant is not entitled to a Canada Pension Plan disability pension