MM v Minister of Employment and Social Development

MM v Minister of Employment and Social Development

The appeal was dismissed because, on the medical and functional evidence and considering vocational factors, the claimant retained capacity for lighter alternate work and did not attempt to seek suitable employment, so the disability was not 'severe' under the CPP as of February 1, 2021.

Citation
2021 SST 119
Parties
Appellant (claimant): M. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Teleconference Hearing; Decision Stage
Outcome
Appeal dismissed; claimant not eligible for CPP disability pension as of February 1, 2021.
Legal Topics
Canada Pension Plan Disability, Eligibility, Severe and Prolonged, Medical Evidence, Vocational Capacity, Minimum Qualifying Period
Source Language
English
Social Security Administrative Law Employment/disability Benefits Canada Pension Plan Disability Eligibility Severe and Prolonged Medical Evidence Vocational Capacity +1 more

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Parties

M. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Teleconference Hearing; Decision Stage

Legal Issues

  1. 1 Whether the claimant had a disability that was severe by the hearing date
  2. 2 Whether the disability was prolonged (not reached because severity not established)
  3. 3 Whether the claimant retained capacity for other suitable work in the real world

Ratio Decidendi

The appeal was dismissed because, on the medical and functional evidence and considering vocational factors, the claimant retained capacity for lighter alternate work and did not attempt to seek suitable employment, so the disability was not 'severe' under the CPP as of February 1, 2021.

Court Disposition

Appeal dismissed; claimant not eligible for CPP disability pension as of February 1, 2021.

Orders

  • Appeal dismissed.
  • No entitlement to Canada Pension Plan disability pension as of February 1, 2021.