A. B. v. Minister of Employment and Social Development

A. B. v. Minister of Employment and Social Development

On the balance of probabilities the Tribunal found the Appellant had a severe and prolonged disability on or before the MQP date of December 31, 2013 based on credible oral evidence and a preponderance of medical evidence showing cumulative physical and cognitive impairments and long‑term narcotic use; therefore the appeal is allowed, the Appellant is deemed disabled May 2013 and payments start September 2013 in accordance with CPP ss.42(2)(b) and 69.

Citation
2017 SSTGDIS 120
Parties
Appellant: A. B.; Representative: Justin Linden; Spouse/witness: V. B.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 August 2017
Procedural Posture
Canada Pension Plan Disability Appeal / Decision (general Division)
Outcome
Appeal allowed
Legal Topics
Disability Pension, Severe and Prolonged Disability, Minimum Qualifying Period, Deemed Date of Disability
Source Language
English
Canada Pension Plan Social Security Disability Benefits Disability Pension Severe and Prolonged Disability Minimum Qualifying Period Deemed Date of Disability

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Parties

A. B.

Appellant

Justin Linden

Representative

V. B.

Spouse/witness

Procedural Posture

Canada Pension Plan Disability Appeal / Decision (general Division)

Legal Issues

  1. 1 Whether the Appellant was disabled (severe and prolonged) on or before the MQP date of December 31, 2013
  2. 2 Whether the Appellant met the minimum qualifying period and the relevant deemed date of disability for payment purposes
  3. 3 Whether cumulative physical and psychological impairments rendered the Appellant incapable of pursuing any substantially gainful occupation

Ratio Decidendi

On the balance of probabilities the Tribunal found the Appellant had a severe and prolonged disability on or before the MQP date of December 31, 2013 based on credible oral evidence and a preponderance of medical evidence showing cumulative physical and cognitive impairments and long‑term narcotic use; therefore the appeal is allowed, the Appellant is deemed disabled May 2013 and payments start September 2013 in accordance with CPP ss.42(2)(b) and 69.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed and Canada Pension Plan disability pension granted to the Appellant.
  • Appellant deemed disabled May 2013; pension payments to commence September 2013 (four months after deemed date) in accordance with CPP s.69.