JK v Minister of Employment and Social Development

JK v Minister of Employment and Social Development

The tribunal accepted the treating physician Dr. Dodds' consistent opinion and the claimant's credible testimony that the totality of impairments rendered the claimant incapable of substantially gainful employment by November 2015 (severe and prolonged), rejected that occasional work for a neighbour demonstrated work capacity, but applied CPP deeming limits to set the deemed date of disability at April 2017 and ordered pension payments to commence August 2017.

Citation
2021 SST 461
Parties
Appellant/claimant: J. K.; Respondent/minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 May 2021
Procedural Posture
Canada Pension Plan Disability / General Division Decision
Outcome
Appeal allowed
Legal Topics
Disability Pension, Eligibility, Minimum Qualifying Period, Severe and Prolonged Test, Deemed Date of Disability, Date Payments Commence, Credibility of Medical Evidence
Source Language
English
Social Security Pension Law Administrative Law Canada Pension Plan Disability Pension Eligibility Minimum Qualifying Period Severe and Prolonged Test +3 more

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Parties

J. K.

Appellant/claimant

Minister of Employment and Social Development

Respondent/minister

Procedural Posture

Canada Pension Plan Disability / General Division Decision

Legal Issues

  1. 1 Whether the claimant was incapable regularly of pursuing any substantially gainful occupation by the MQP date (severe disability)
  2. 2 Whether the claimant's disability was long continued and of indefinite duration (prolonged)
  3. 3 Proper application of CPP deeming rules limiting earliest date of disability to 15 months before application

Ratio Decidendi

The tribunal accepted the treating physician Dr. Dodds' consistent opinion and the claimant's credible testimony that the totality of impairments rendered the claimant incapable of substantially gainful employment by November 2015 (severe and prolonged), rejected that occasional work for a neighbour demonstrated work capacity, but applied CPP deeming limits to set the deemed date of disability at April 2017 and ordered pension payments to commence August 2017.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to a Canada Pension Plan disability pension payable from August 2017