VB v Minister of Employment and Social Development

VB v Minister of Employment and Social Development

On the balance of probabilities the Minister proved the claimant regained the capacity to regularly pursue substantially gainful employment after August 30, 2014 based on earnings exceeding the substantially gainful thresholds in 2014, 2016 and 2017, the regularity and independence of her work as confirmed by employers, and medical evidence supporting capacity for light work; therefore the claimant ceased to be disabled as of August 30, 2014 and the Minister’s decision to stop benefits was confirmed.

Citation
2021 SST 574
Parties
Appellant (claimant): V. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 June 2021
Procedural Posture
Canada Pension Plan (cpp) Disability / Appeal to Social Security Tribunal General Division From Minister's Reconsideration Decision
Outcome
Appeal dismissed
Legal Topics
Disability Cessation, Substantially Gainful Employment, Overpayment, Employer Accommodation
Source Language
English
Social Security Law Administrative Law Tribunal Jurisdiction Disability Cessation Substantially Gainful Employment Overpayment Employer Accommodation

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Parties

V. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability / Appeal to Social Security Tribunal General Division From Minister's Reconsideration Decision

Legal Issues

  1. 1 Did the Claimant cease to be disabled under the CPP after August 30, 2014?

Ratio Decidendi

On the balance of probabilities the Minister proved the claimant regained the capacity to regularly pursue substantially gainful employment after August 30, 2014 based on earnings exceeding the substantially gainful thresholds in 2014, 2016 and 2017, the regularity and independence of her work as confirmed by employers, and medical evidence supporting capacity for light work; therefore the claimant ceased to be disabled as of August 30, 2014 and the Minister’s decision to stop benefits was confirmed.

Court Disposition

Appeal dismissed

Orders

  • Minister’s decision to stop CPP disability benefits as of August 30, 2014 is confirmed
  • Claimant is liable for an overpayment of $16,898.64