MW v Minister of Employment and Social Development

MW v Minister of Employment and Social Development

The claimant was found unable regularly to pursue any substantially gainful occupation because objective medical evidence and treating doctor opinions demonstrated severe functional limitations across multiple conditions, her work was irregular and likely contrary to medical advice, employer benevolence masked lack of regular capacity, and her age and history made alternate employment unrealistic; the conditions were longstanding and of indefinite duration, so the disability was prolonged and entitlement to CPP disability pension was established with payments from May 2021.

Citation
2021 SST 123
Parties
Appellant (claimant): M. W.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 March 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision (appeal Allowed)
Outcome
Appeal allowed; claimant found eligible for Canada Pension Plan disability pension
Legal Topics
Disability Pension Eligibility, Severe and Prolonged Disability, Medical Evidence, Employability
Source Language
English
Social Security Pension Law Administrative Law Disability Pension Eligibility Severe and Prolonged Disability Medical Evidence Employability

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Parties

M. W.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (appeal Allowed)

Legal Issues

  1. 1 Whether the claimant's health conditions constitute a severe disability rendering her incapable regularly of pursuing any substantially gainful occupation
  2. 2 Whether the claimant's disability is prolonged (long continued and of indefinite duration)

Ratio Decidendi

The claimant was found unable regularly to pursue any substantially gainful occupation because objective medical evidence and treating doctor opinions demonstrated severe functional limitations across multiple conditions, her work was irregular and likely contrary to medical advice, employer benevolence masked lack of regular capacity, and her age and history made alternate employment unrealistic; the conditions were longstanding and of indefinite duration, so the disability was prolonged and entitlement to CPP disability pension was established with payments from May 2021.

Court Disposition

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

Orders

  • Appeal allowed; claimant granted Canada Pension Plan disability pension with payments beginning May 2021