ED v Minister of Employment and Social Development

ED v Minister of Employment and Social Development

Based on objective imaging, treating clinician reports, failed return-to-work attempts, functional capacity evaluations showing inability to retrain, and the limited, non-substantially-gainful income from occasional data entry, the tribunal found the claimant lacked the regular capacity to pursue any substantially gainful occupation by November 30, 2018 and the disability was likely long continued and indefinite; therefore the claimant met the CPP definitions of severe and prolonged disability and is entitled to a disability pension starting September 2017.

Citation
2021 SST 50
Parties
Appellant (claimant): E. D.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 January 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal allowed
Legal Topics
Disability Pension Eligibility, Severe Disability, Prolonged Disability, Functional Capacity, Minimum Qualifying Period (mqp), Retroactive Payment Start Date
Source Language
English
Canada Pension Plan Social Security Administrative Law Disability Pension Eligibility Severe Disability Prolonged Disability Functional Capacity Minimum Qualifying Period (mqp) +1 more

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Parties

E. D.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether the claimant was incapable, regularly, of pursuing any substantially gainful occupation by November 30, 2018
  2. 2 Whether the claimant's disability was prolonged (likely to be long continued and of indefinite duration)
  3. 3 Whether the claimant is entitled to a CPP disability pension with payments beginning September 2017

Ratio Decidendi

Based on objective imaging, treating clinician reports, failed return-to-work attempts, functional capacity evaluations showing inability to retrain, and the limited, non-substantially-gainful income from occasional data entry, the tribunal found the claimant lacked the regular capacity to pursue any substantially gainful occupation by November 30, 2018 and the disability was likely long continued and indefinite; therefore the claimant met the CPP definitions of severe and prolonged disability and is entitled to a disability pension starting September 2017.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; claimant eligible for Canada Pension Plan disability pension with payments to begin as of September 2017