JG v Minister of Employment and Social Development

JG v Minister of Employment and Social Development

On the balance of probabilities the claimant was incapable regularly of pursuing any substantially gainful occupation by the MQP (Dec 31, 2014) because his chronic knee/ankle/back pain, instability and anxiety, compounded by medication effects and dependence, prevented sustained work; his CET/WT participation...

Source-derived case information.

Citation
2021 SST 21
Parties
Appellant (claimant): J. G.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision on Reconsideration Following Appeal Division Remand
Outcome
Appeal allowed; claimant entitled to a Canada Pension Plan disability pension
Legal Topics
Canada Pension Plan Disability, Minimum Qualifying Period (mqp), Severe and Prolonged Disability, Work Transition and Accommodation, Deeming and Payment Start Rules
Source Language
english
Social Security Administrative Law Pensions Employment Law Canada Pension Plan Disability Minimum Qualifying Period (mqp) Severe and Prolonged Disability Work Transition and Accommodation +1 more

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Parties

J. G.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision on Reconsideration Following Appeal Division Remand

Legal Issues

  1. 1 Whether the claimant was incapable regularly of pursuing any substantially gainful occupation by the MQP (December 31, 2014)
  2. 2 Whether the claimant's disability was prolonged as of the MQP
  3. 3 Whether attendance and completion of a college/Work Transition (WT) program establishes regular capacity for substantially gainful employment

Ratio Decidendi

On the balance of probabilities the claimant was incapable regularly of pursuing any substantially gainful occupation by the MQP (Dec 31, 2014) because his chronic knee/ankle/back pain, instability and anxiety, compounded by medication effects and dependence, prevented sustained work; his CET/WT participation required accommodations beyond what a competitive employer would provide and therefore did not establish regular work capacity; the disability was prolonged and payments commence September 2016.

Court Disposition

Appeal allowed; claimant entitled to a Canada Pension Plan disability pension

Orders

  • Claimant is deemed disabled May 2016 (15 months before application received August 2017)
  • Pension payments to start September 2016