MM v Minister of Employment and Social Development

MM v Minister of Employment and Social Development

On the evidence the combined and cumulative effects of the claimant's physical and psychological impairments rendered her incapable, with regularity, of pursuing any substantially gainful occupation by the material time; those impairments were long continued with no reasonable prospect of improvement making the disability prolonged. However, statutory limits on retroactivity under the CPP mean disability can only be recognized back to 15 months before the application was received (MQP rule) and the four‑month waiting period applies, resulting in pension payments beginning December 2017. The appeal was therefore allowed.

Citation
2021 SST 120
Parties
Appellant (claimant): M. M.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 February 2021
Procedural Posture
Canada Pension Plan Disability / General Division Decision on Appeal
Outcome
Appeal allowed; Claimant entitled to CPP disability pension with payments starting December 2017
Legal Topics
Disability Pension, Severe and Prolonged Disability, Minimum Qualifying Period (mqp), Waiting Period and Pension Start Date, Medical Evidence Evaluation, Cumulative Impairments
Source Language
English
Social Security Canada Pension Plan Administrative Law Disability Pension Severe and Prolonged Disability Minimum Qualifying Period (mqp) Waiting Period and Pension Start Date Medical Evidence Evaluation +1 more

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Parties

M. M.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability / General Division Decision on Appeal

Legal Issues

  1. 1 Whether the Claimant was incapable regularly of pursuing any substantially gainful employment by December 31, 2016
  2. 2 Whether the Claimant's disability was likely to be long continued and of indefinite duration by December 31, 2016

Ratio Decidendi

On the evidence the combined and cumulative effects of the claimant's physical and psychological impairments rendered her incapable, with regularity, of pursuing any substantially gainful occupation by the material time; those impairments were long continued with no reasonable prospect of improvement making the disability prolonged. However, statutory limits on retroactivity under the CPP mean disability can only be recognized back to 15 months before the application was received (MQP rule) and the four‑month waiting period applies, resulting in pension payments beginning December 2017. The appeal was therefore allowed.

Court Disposition

Appeal allowed; Claimant entitled to CPP disability pension with payments starting December 2017

Orders

  • Appeal allowed
  • Payment of Canada Pension Plan disability pension to commence December 2017