MM v Minister of Employment and Social Development

MM v Minister of Employment and Social Development

The Tribunal accepted consistent treating evidence that the claimant had functional limitations from PTSD, anxiety and dissociative symptoms that precluded regular pursuit of any substantially gainful occupation by July 2012 and continued through the relevant period; intermittent, self‑paced hobby farming did not demonstrate workplace reliability or vocational capacity; accordingly the claimant met the severe and prolonged test and is eligible for CPP disability, with statutory deeming and waiting rules fixing pension start as set out.

Citation
2021 SST 49
Parties
Appellant (claimant): M. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision (social Security Tribunal)
Outcome
Appeal allowed; claimant found eligible for CPP disability pension.
Legal Topics
Disability Eligibility, Severe and Prolonged, Minimum Qualifying Period, Medical Evidence, Vocational Capacity, Treatment Compliance
Source Language
English
Social Security Disability Benefits Canada Pension Plan Disability Eligibility Severe and Prolonged Minimum Qualifying Period Medical Evidence Vocational Capacity +1 more

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Parties

M. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (social Security Tribunal)

Legal Issues

  1. 1 Whether the claimant was disabled (severe) and incapable of any substantially gainful occupation by the relevant date
  2. 2 Whether the disability was prolonged (likely long continued and of indefinite duration)
  3. 3 Whether the claimant's activities (hobby farming) or medical improvements undermine a finding of inability to work

Ratio Decidendi

The Tribunal accepted consistent treating evidence that the claimant had functional limitations from PTSD, anxiety and dissociative symptoms that precluded regular pursuit of any substantially gainful occupation by July 2012 and continued through the relevant period; intermittent, self‑paced hobby farming did not demonstrate workplace reliability or vocational capacity; accordingly the claimant met the severe and prolonged test and is eligible for CPP disability, with statutory deeming and waiting rules fixing pension start as set out.

Court Disposition

Appeal allowed; claimant found eligible for CPP disability pension.

Orders

  • Appeal allowed
  • Claimant eligible for Canada Pension Plan disability pension