BZ v Minister of Employment and Social Development

BZ v Minister of Employment and Social Development

The application to rescind/amend the General Division decision was allowed because the claimant established that an undiagnosed brain injury and PCS, first diagnosed in October 2019, were facts that existed at the time of the original hearing but were not discoverable by reasonable diligence and were material such that they could reasonably be expected to have affected the March 2019 decision; assessing the combined physical, mental and neurocognitive impairments, the claimant was found to have been severely and prolongedly disabled by the relevant MQP and is entitled to CPP disability pension beginning April 2016.

Citation
2021 SST 44
Parties
Claimant: B. Z.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 January 2021
Procedural Posture
CPP Disability – Application to Rescind or Amend General Division Decision / General Division – Application to Rescind or Amend (post Gd)
Outcome
Application allowed; General Division decision rescinded/amended; claimant awarded CPP disability pension.
Legal Topics
New Facts, Discoverability, Materiality, Canada Pension Plan Disability, Post Concussion Syndrome, Rescission of Decision, Severe and Prolonged Disability, Minimum Qualifying Period
Source Language
English
Administrative Law Social Security Law Disability Benefits Health Law New Facts Discoverability Materiality Canada Pension Plan Disability +4 more

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Parties

B. Z.

Claimant

Minister of Employment and Social Development

Minister

Procedural Posture

CPP Disability – Application to Rescind or Amend General Division Decision / General Division – Application to Rescind or Amend (post Gd)

Legal Issues

  1. 1 Whether the claimant’s undiagnosed brain injury and post-concussion syndrome (PCS) meet the discoverability requirement for new facts
  2. 2 Whether those facts meet the materiality requirement and could have affected the original General Division decision
  3. 3 Whether the claimant was disabled (severe and prolonged) by the end of her MQP

Ratio Decidendi

The application to rescind/amend the General Division decision was allowed because the claimant established that an undiagnosed brain injury and PCS, first diagnosed in October 2019, were facts that existed at the time of the original hearing but were not discoverable by reasonable diligence and were material such that they could reasonably be expected to have affected the March 2019 decision; assessing the combined physical, mental and neurocognitive impairments, the claimant was found to have been severely and prolongedly disabled by the relevant MQP and is entitled to CPP disability pension beginning April 2016.

Court Disposition

Application allowed; General Division decision rescinded/amended; claimant awarded CPP disability pension.

Orders

  • Application to rescind or amend March 2019 General Division decision granted
  • Claimant entitled to Canada Pension Plan disability pension; payments to commence April 2016