CD v Minister of Employment and Social Development

CD v Minister of Employment and Social Development

On the balance of probabilities the Claimant’s impairments prevented him from returning to physically demanding construction work but did not preclude attempting lighter work by the MQP of December 31, 2017; he made no documented efforts to seek such work and his personal characteristics (age, education, limited English) did not render him unemployable in a real‑world context, therefore his disability was not 'severe' by the MQP and he did not meet the CPP test for entitlement.

Citation
2021 SST 286
Parties
Appellant (claimant): C. D.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 January 2021
Procedural Posture
Canada Pension Plan (cpp) Disability / General Division Decision
Outcome
Appeal dismissed; Claimant not entitled to a Canada Pension Plan disability pension
Legal Topics
Disability Determination, Minimum Qualifying Period, Severe and Prolonged Test, Work Capacity, Real World Contextual Assessment
Source Language
English
Social Security Administrative Law Disability Benefits Disability Determination Minimum Qualifying Period Severe and Prolonged Test Work Capacity Real World Contextual Assessment

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Parties

C. D.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan (cpp) Disability / General Division Decision

Legal Issues

  1. 1 Whether the Claimant had a severe disability (incapable regularly of pursuing any substantially gainful occupation) by the MQP of December 31, 2017
  2. 2 If so, whether the Claimant’s disability was prolonged (likely long continued and of indefinite duration) by December 31, 2017

Ratio Decidendi

On the balance of probabilities the Claimant’s impairments prevented him from returning to physically demanding construction work but did not preclude attempting lighter work by the MQP of December 31, 2017; he made no documented efforts to seek such work and his personal characteristics (age, education, limited English) did not render him unemployable in a real‑world context, therefore his disability was not 'severe' by the MQP and he did not meet the CPP test for entitlement.

Court Disposition

Appeal dismissed; Claimant not entitled to a Canada Pension Plan disability pension

Orders

  • Appeal dismissed; Claimant not entitled to Canada Pension Plan disability pension