AS v Minister of Employment and Social Development

AS v Minister of Employment and Social Development

On the balance of probabilities the claimant was found to have suffered severe and prolonged disability as of January 2018 because objective imaging and multiple specialist reports demonstrated persistent functional limitations that, when combined with the claimant’s age and limited transferable skills, rendered him incapable regularly of pursuing any substantially gainful occupation; therefore appeal is allowed and CPP disability pension is payable from May 2018.

Citation
2021 SST 53
Parties
Claimant: A. S.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 January 2021
Procedural Posture
Canada Pension Plan (cpp) Disability / General Division Decision
Outcome
Appeal allowed; claimant eligible for CPP disability pension.
Legal Topics
Disability Pension Eligibility, Severe and Prolonged Test, Medical Evidence and Functional Capacity, Reasonable Efforts to Follow Treatment, Real World Assessment
Source Language
English
Social Security Administrative Law Employment and Social Development Canada Pension Plan Disability Pension Eligibility Severe and Prolonged Test Medical Evidence and Functional Capacity Reasonable Efforts to Follow Treatment +1 more

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Parties

A. S.

Claimant

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan (cpp) Disability / General Division Decision

Legal Issues

  1. 1 Whether the claimant’s disability was severe (incapable regularly of pursuing any substantially gainful occupation)
  2. 2 Whether the claimant’s disability was prolonged (long continued/indefinite)
  3. 3 Whether the claimant had real‑world capacity to work given age, education, language and work history

Ratio Decidendi

On the balance of probabilities the claimant was found to have suffered severe and prolonged disability as of January 2018 because objective imaging and multiple specialist reports demonstrated persistent functional limitations that, when combined with the claimant’s age and limited transferable skills, rendered him incapable regularly of pursuing any substantially gainful occupation; therefore appeal is allowed and CPP disability pension is payable from May 2018.

Court Disposition

Appeal allowed; claimant eligible for CPP disability pension.

Orders

  • Appeal allowed
  • Claimant A. S. is entitled to a Canada Pension Plan disability pension