NH v Minister of Employment and Social Development

NH v Minister of Employment and Social Development

The Tribunal found on the balance of probabilities that the claimant suffered chronic major depression with anxiety and PTSD after her son’s August 2016 accident, that objective medical evidence including a psychiatrist’s December 2019 report established severe functional limitations preventing the regular pursuit...

Source-derived case information.

Citation
2021 SST 48
Parties
Appellant (claimant): N. H.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision (appeal Allowed)
Outcome
Appeal allowed; claimant found eligible for Canada Pension Plan disability pension.
Legal Topics
Canada Pension Plan Disability, Severe and Prolonged Test, Minimum Qualifying Period, Real World Functional Assessment, Medical Evidence and Weight
Source Language
english
Social Security Administrative Law Pension Law Disability Benefits Employment and Social Development Canada Pension Plan Disability Severe and Prolonged Test Minimum Qualifying Period +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

N. H.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (appeal Allowed)

Legal Issues

  1. 1 Whether the claimant’s disability was severe as of the Minimum Qualifying Period
  2. 2 Whether the claimant’s disability was prolonged
  3. 3 Whether caregiving duties constitute substantially gainful occupation

Ratio Decidendi

The Tribunal found on the balance of probabilities that the claimant suffered chronic major depression with anxiety and PTSD after her son’s August 2016 accident, that objective medical evidence including a psychiatrist’s December 2019 report established severe functional limitations preventing the regular pursuit of any substantially gainful occupation in the real world by December 31, 2019, and that caregiving activities and assistance from PSWs did not amount to substantially gainful employment; accordingly the claimant was deemed disabled as of December 2016 and entitled to CPP disability pension payments from April 2017.

Court Disposition

Appeal allowed; claimant found eligible for Canada Pension Plan disability pension.

Orders

  • Claimant deemed disabled as of December 2016.
  • Payment of CPP disability pension to commence April 2017.