KL v Minister of Employment and Social Development

KL v Minister of Employment and Social Development

On the balance of probabilities the claimant was not incapable regularly of pursuing any substantially gainful occupation by December 31, 2020 because evidence of self‑employment earnings, youth, education, transferable skills, computer literacy and medical reports indicating symptom management established capacity for gainful work; therefore claimant did not meet the 'severe' criterion and is not entitled to CPP disability.

Citation
2021 SST 243
Parties
Appellant (claimant): K. L.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
15 April 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / Appeal Division Decision on Appeal From Reconsideration
Outcome
Appeal dismissed; claimant not entitled to Canada Pension Plan disability pension.
Legal Topics
Canada Pension Plan Disability, Minimum Qualifying Period (mqp), Severe and Prolonged Disability Test, Self Employment Income
Source Language
English
Social Security Administrative Law Employment and Social Development Canada Pension Plan Disability Minimum Qualifying Period (mqp) Severe and Prolonged Disability Test Self Employment Income

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Parties

K. L.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / Appeal Division Decision on Appeal From Reconsideration

Legal Issues

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

Ratio Decidendi

On the balance of probabilities the claimant was not incapable regularly of pursuing any substantially gainful occupation by December 31, 2020 because evidence of self‑employment earnings, youth, education, transferable skills, computer literacy and medical reports indicating symptom management established capacity for gainful work; therefore claimant did not meet the 'severe' criterion and is not entitled to CPP disability.

Court Disposition

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

Orders

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