LR v Minister of Employment and Social Development

LR v Minister of Employment and Social Development

Despite accepting the claimant's testimony as credible, the General Division lawfully required supporting objective medical evidence related to the MQP; in the absence of such evidence and given the claimant's admission she could have continued in sedentary duties, the General Division's conclusion that she was not disabled as of the MQP was reasonable and supported by its findings.

Citation
2021 SST 267
Parties
Appellant (claimant): L. R.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 July 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Appeal Division Decision
Outcome
Appeal dismissed
Legal Topics
Minimum Qualifying Period (mqp), Severe and Prolonged Disability, Procedural Fairness, Evidentiary Requirement: Objective Medical Evidence, Credibility and Weight of Evidence
Source Language
English
Social Security Law Administrative Law Canada Pension Plan Minimum Qualifying Period (mqp) Severe and Prolonged Disability Procedural Fairness Evidentiary Requirement: Objective Medical Evidence Credibility and Weight of Evidence

Case Brief

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Parties

L. R.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Appeal Division Decision

Legal Issues

  1. 1 Whether the General Division mischaracterized the claimant's testimony regarding ability to perform sedentary duties
  2. 2 Whether the General Division's conclusion that the claimant was capable of light work flowed logically from its findings
  3. 3 Whether subjective testimony without objective medical evidence can establish disability as of the MQP

Ratio Decidendi

Despite accepting the claimant's testimony as credible, the General Division lawfully required supporting objective medical evidence related to the MQP; in the absence of such evidence and given the claimant's admission she could have continued in sedentary duties, the General Division's conclusion that she was not disabled as of the MQP was reasonable and supported by its findings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed