KC v Minister of Employment and Social Development

KC v Minister of Employment and Social Development

The Claimant failed to produce objective medical evidence establishing a severe disability on or before the MQP (December 31, 2010); post‑MQP psychiatric reports based on the Claimant's self‑reported history do not satisfy the legal requirement for objective MQP‑period medical evidence, so entitlement to CPP disability was properly denied.

Citation
2021 SST 720
Parties
Appellant (claimant): K. C.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 April 2021
Procedural Posture
Canada Pension Plan Disability / General Division Income Security Section Decision
Outcome
Appeal dismissed.
Legal Topics
Disability, Minimum Qualifying Period, Objective Medical Evidence, Severe and Prolonged
Source Language
English
Canada Pension Plan Social Security Administrative Law Disability Minimum Qualifying Period Objective Medical Evidence Severe and Prolonged

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Parties

K. C.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability / General Division Income Security Section Decision

Legal Issues

  1. 1 Whether the Claimant was incapable regularly of pursuing any substantially gainful occupation by the MQP date (December 31, 2010)
  2. 2 Whether the Claimant's disability was long continued and of indefinite duration by the MQP
  3. 3 Whether post‑MQP medical evidence based on the claimant's self‑report satisfies the requirement for objective medical evidence at the MQP

Ratio Decidendi

The Claimant failed to produce objective medical evidence establishing a severe disability on or before the MQP (December 31, 2010); post‑MQP psychiatric reports based on the Claimant's self‑reported history do not satisfy the legal requirement for objective MQP‑period medical evidence, so entitlement to CPP disability was properly denied.

Court Disposition

Appeal dismissed.

Orders

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