MF v Minister of Employment and Social Development

MF v Minister of Employment and Social Development

On the balance of probabilities the claimant suffered severe and prolonged fibromyalgia and depression that rendered her incapable regularly of pursuing any substantially gainful occupation by December 31, 2020 and since June 2017; given the application timing she is deemed disabled from September 2017 and entitled to CPP disability payments starting January 2018.

Citation
2021 SST 237
Parties
Claimant: M. F.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 April 2021
Procedural Posture
CPP Disability Appeal / General Division Decision
Outcome
Appeal allowed
Legal Topics
Canada Pension Plan Disability, Severe and Prolonged Test, Functional Limitations, Deemed Onset and Payment Date
Source Language
English
Social Security Administrative Law Disability Benefits Employment and Social Development Canada Pension Plan Disability Severe and Prolonged Test Functional Limitations Deemed Onset and Payment Date

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Parties

M. F.

Claimant

Minister of Employment and Social Development

Minister

Procedural Posture

CPP Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant's disability was severe (incapable regularly of pursuing any substantially gainful occupation) by the relevant date
  2. 2 Whether the claimant's disability was prolonged
  3. 3 Whether the claimant had real‑world work capacity given age, education, language and work history

Ratio Decidendi

On the balance of probabilities the claimant suffered severe and prolonged fibromyalgia and depression that rendered her incapable regularly of pursuing any substantially gainful occupation by December 31, 2020 and since June 2017; given the application timing she is deemed disabled from September 2017 and entitled to CPP disability payments starting January 2018.

Court Disposition

Appeal allowed

Orders

  • Claimant declared eligible for a Canada Pension Plan disability pension.
  • Claimant deemed disabled as of September 2017 and pension payments to start January 2018.