DJ v Minister of Employment and Social Development

DJ v Minister of Employment and Social Development

Although the Claimant had objective severe impairments around 2013–2014, contemporaneous medical records and tax records show she resumed substantial work activity, including earnings in 2017 above the substantially gainful threshold; the Claimant failed to prove a continuous severe disability from February 28, 2014 to the hearing, therefore she does not meet the CPP disability test and the appeal is dismissed.

Citation
2021 SST 370
Parties
Appellant (claimant): D. J.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision (post Hearing Teleconference)
Outcome
Appeal dismissed; Claimant not entitled to a CPP disability pension.
Legal Topics
Disability Benefits, Minimum Qualifying Period, Severe and Prolonged Test, Medical Evidence, Earnings Assessment
Source Language
English
Social Security Administrative Law Canada Pension Plan Disability Benefits Minimum Qualifying Period Severe and Prolonged Test Medical Evidence Earnings Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

D. J.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (post Hearing Teleconference)

Legal Issues

  1. 1 Was the Claimant’s disability continuously severe from February 28, 2014 to the hearing date?
  2. 2 If severe, was the disability also prolonged?

Ratio Decidendi

Although the Claimant had objective severe impairments around 2013–2014, contemporaneous medical records and tax records show she resumed substantial work activity, including earnings in 2017 above the substantially gainful threshold; the Claimant failed to prove a continuous severe disability from February 28, 2014 to the hearing, therefore she does not meet the CPP disability test and the appeal is dismissed.

Court Disposition

Appeal dismissed; Claimant not entitled to a CPP disability pension.

Orders

  • Appeal dismissed
  • Documents GD7 to GD10 admitted into evidence