CW v Minister of Employment and Social Development

CW v Minister of Employment and Social Development

The claimant was incapable regularly of pursuing any substantially gainful occupation from June 2015 through May 2019 because contemporaneous treating and specialist evidence established persistent, disabling functional limitations; applying CPP timing rules (15 months before application and four-month waiting period) yields benefit entitlement from July 2016 to May 2019; the claimant’s effective return to substantially gainful, sustained work in mid-2019 ended the prolonged disability, so the appeal is allowed only for the closed period July 2016 to May 2019.

Citation
2021 SST 241
Parties
Appellant (claimant): C. W.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Canada Pension Plan Disability Appeal to Social Security Tribunal General Division / General Division Decision Following Videoconference Hearing
Outcome
Appeal allowed in part
Legal Topics
Disability Benefits, Severe and Prolonged, Eligibility Period, Return to Work, Medical Evidence and Functional Capacity
Source Language
English
Canada Pension Plan Social Security Administrative Law Disability Benefits Severe and Prolonged Eligibility Period Return to Work Medical Evidence and Functional Capacity

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Parties

C. W.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Appeal to Social Security Tribunal General Division / General Division Decision Following Videoconference Hearing

Legal Issues

  1. 1 Whether the claimant’s disability was severe by December 31, 2017
  2. 2 Whether the claimant’s disability was prolonged (likely long continued and of indefinite duration) by December 31, 2017
  3. 3 Whether the claimant’s 2019 return to work negates a finding of prolonged disability for the relevant coverage period

Ratio Decidendi

The claimant was incapable regularly of pursuing any substantially gainful occupation from June 2015 through May 2019 because contemporaneous treating and specialist evidence established persistent, disabling functional limitations; applying CPP timing rules (15 months before application and four-month waiting period) yields benefit entitlement from July 2016 to May 2019; the claimant’s effective return to substantially gainful, sustained work in mid-2019 ended the prolonged disability, so the appeal is allowed only for the closed period July 2016 to May 2019.

Court Disposition

Appeal allowed in part

Orders

  • Claimant eligible for CPP disability benefits for the period from July 2016 to and including May 2019