SH v Minister of Employment and Social Development

SH v Minister of Employment and Social Development

The Claimant was found on a balance of probabilities to have a severe and prolonged disability by December 31, 2019, based on credible testimony, witness corroboration, and the treating physician's comprehensive assessment; therefore the Claimant is entitled to CPP disability pension with a deemed date of disability of March 2018 and payments commencing July 2018.

Citation
2021 SST 424
Parties
Appellant (claimant): S. H.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 June 2021
Procedural Posture
Canada Pension Plan Disability / General Division Decision Appeal Allowed
Outcome
Appeal allowed; Claimant entitled to Canada Pension Plan disability pension
Legal Topics
Disability Pension, Minimum Qualifying Period, Severe and Prolonged Disability, Deemed Date of Disability, Entitlement and Payment Date
Source Language
English
Social Security Administrative Law Canada Pension Plan Disability Pension Minimum Qualifying Period Severe and Prolonged Disability Deemed Date of Disability Entitlement and Payment Date

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Parties

S. H.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability / General Division Decision Appeal Allowed

Legal Issues

  1. 1 Did the Claimant have a severe disability by the MQP (December 31, 2019)?
  2. 2 Was the Claimant's disability long continued and of indefinite duration (prolonged)?
  3. 3 What is the deemed date of disability and payment start date?

Ratio Decidendi

The Claimant was found on a balance of probabilities to have a severe and prolonged disability by December 31, 2019, based on credible testimony, witness corroboration, and the treating physician's comprehensive assessment; therefore the Claimant is entitled to CPP disability pension with a deemed date of disability of March 2018 and payments commencing July 2018.

Court Disposition

Appeal allowed; Claimant entitled to Canada Pension Plan disability pension

Orders

  • Appeal allowed
  • Claimant entitled to Canada Pension Plan disability pension