SP v Minister of Employment and Social Development

SP v Minister of Employment and Social Development

Treating psychiatrist's consistent reports documenting persistent panic attacks, significant cognitive dysfunction, anxiety and pain established functional limitations that rendered the claimant incapable regularly of pursuing any substantially gainful occupation by May 2017; prognosis was poor and the disability was therefore both severe and prolonged, entitling the claimant to a CPP disability pension with payments effective September 2017 after the statutory four-month waiting period.

Citation
2021 SST 238
Parties
Appellant (claimant): S. P.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 April 2021
Procedural Posture
CPP Disability Appeal / General Division Decision (hearing Concluded)
Outcome
Appeal allowed
Legal Topics
Severity and Prolongation of Disability, Eligibility for CPP Disability Pension, Medical Evidence Evaluation, Commencement of Payments/waiting Period
Source Language
English
Social Security Administrative Law Disability Benefits Canada Pension Plan Severity and Prolongation of Disability Eligibility for CPP Disability Pension Medical Evidence Evaluation Commencement of Payments/waiting Period

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Parties

S. P.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / General Division Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the claimant's disability was severe by the hearing date
  2. 2 Whether the claimant's disability was prolonged by the hearing date
  3. 3 Whether the claimant followed medical advice

Ratio Decidendi

Treating psychiatrist's consistent reports documenting persistent panic attacks, significant cognitive dysfunction, anxiety and pain established functional limitations that rendered the claimant incapable regularly of pursuing any substantially gainful occupation by May 2017; prognosis was poor and the disability was therefore both severe and prolonged, entitling the claimant to a CPP disability pension with payments effective September 2017 after the statutory four-month waiting period.

Court Disposition

Appeal allowed

Orders

  • Claimant is eligible for a Canada Pension Plan disability pension
  • Payments to commence September 2017 (four-month waiting period applied)