WL v Minister of Employment and Social Development

WL v Minister of Employment and Social Development

The Tribunal found on the balance of probabilities that the claimant's incurable CLL caused significant fatigue and functional limitations that, in the real world context of his age, education and work history, rendered him incapable regularly of pursuing any substantially gainful occupation as of June 2019; the condition is prolonged and payments commence after the four month waiting period (October 2019).

Citation
2021 SST 421
Parties
Appellant (claimant): W. L.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
30 June 2021
Procedural Posture
Canada Pension Plan Disability / General Division Decision Following Appeal From Minister Refusal
Outcome
Appeal allowed; claimant found eligible for a Canada Pension Plan disability pension.
Legal Topics
Disability Pension Eligibility, Severe and Prolonged Disability, Medical Evidence Sufficiency, Minimum Qualifying Period, Treatment Compliance
Source Language
English
Canada Pension Plan Social Security Administrative Law Pension Law Disability Pension Eligibility Severe and Prolonged Disability Medical Evidence Sufficiency Minimum Qualifying Period +1 more

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Parties

W. L.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability / General Division Decision Following Appeal From Minister Refusal

Legal Issues

  1. 1 Whether claimant's disability is severe (incapable regularly of pursuing any substantially gainful occupation)
  2. 2 Whether claimant's disability is prolonged (likely long continued or resulting in death)
  3. 3 Whether claimant's disability was established on or before the relevant MQP

Ratio Decidendi

The Tribunal found on the balance of probabilities that the claimant's incurable CLL caused significant fatigue and functional limitations that, in the real world context of his age, education and work history, rendered him incapable regularly of pursuing any substantially gainful occupation as of June 2019; the condition is prolonged and payments commence after the four month waiting period (October 2019).

Court Disposition

Appeal allowed; claimant found eligible for a Canada Pension Plan disability pension.

Orders

  • Appeal allowed
  • CPP disability pension awarded to claimant effective October 2019