JB v Minister of Employment and Social Development

JB v Minister of Employment and Social Development

The claimant's chronic multi‑site pain and resulting functional limitations (inability to use left arm, inability to sit or stand for more than 30 minutes, cognitive effects from depression) rendered him incapable of regularly pursuing any substantially gainful occupation by January 2017 and his condition was likely to continue indefinitely; therefore he met the CPP severe and prolonged test and is entitled to disability pension with payments effective January 2018 under statutory timing rules.

Citation
2021 SST 125
Parties
Appellant (claimant): J. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision (teleconference Hearing)
Outcome
Appeal allowed; claimant eligible for CPP disability pension.
Legal Topics
Disability Eligibility, Severe and Prolonged Test, Functional Limitations, Medical Evidence, Benefit Commencement Date, Following Medical Advice
Source Language
English
Social Security Canada Pension Plan Administrative Law Disability Benefits Disability Eligibility Severe and Prolonged Test Functional Limitations Medical Evidence +2 more

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Parties

J. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision (teleconference Hearing)

Legal Issues

  1. 1 Whether the claimant's disability was severe (incapable of regularly pursuing any substantially gainful occupation) by the MQP date
  2. 2 Whether the claimant's disability was prolonged (likely long continued and of indefinite duration)
  3. 3 Whether the claimant followed medical advice or had a reasonable explanation for non‑compliance

Ratio Decidendi

The claimant's chronic multi‑site pain and resulting functional limitations (inability to use left arm, inability to sit or stand for more than 30 minutes, cognitive effects from depression) rendered him incapable of regularly pursuing any substantially gainful occupation by January 2017 and his condition was likely to continue indefinitely; therefore he met the CPP severe and prolonged test and is entitled to disability pension with payments effective January 2018 under statutory timing rules.

Court Disposition

Appeal allowed; claimant eligible for CPP disability pension.

Orders

  • Appeal allowed and initial Minister decision set aside.
  • Payment of Canada Pension Plan disability pension to commence January 2018.