MH v Minister of Employment and Social Development

MH v Minister of Employment and Social Development

The claimant was not entitled to CPP disability because, by December 31, 2018, he retained the functional capacity to perform substantially gainful remote computer work given his skills and admitted ability to work from home, and he failed to make the legally required efforts to seek or obtain suitable employment; therefore his disability was not ‘severe’.

Citation
2021 SST 167
Parties
Appellant (claimant): M. H.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 March 2021
Procedural Posture
CPP Disability Appeal / General Division Teleconference Hearing and Decision (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Disability Determination, Severe and Prolonged, Functional Capacity Assessment, Remote Work, Duty to Seek Suitable Work, Benefit Eligibility
Source Language
English
Administrative Law Social Security Law Pension Law Employment Law Disability Determination Severe and Prolonged Functional Capacity Assessment Remote Work +2 more

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Parties

M. H.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / General Division Teleconference Hearing and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the claimant had a disability that was severe and prolonged by December 31, 2018
  2. 2 Whether the claimant retained the functional capacity to perform substantially gainful employment given the prevalence of remote work
  3. 3 Whether the claimant made reasonable efforts to find and keep suitable work or retrain

Ratio Decidendi

The claimant was not entitled to CPP disability because, by December 31, 2018, he retained the functional capacity to perform substantially gainful remote computer work given his skills and admitted ability to work from home, and he failed to make the legally required efforts to seek or obtain suitable employment; therefore his disability was not ‘severe’.

Court Disposition

Appeal dismissed

Orders

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