TC v Minister of Employment and Social Development

TC v Minister of Employment and Social Development

On the evidence the Tribunal found the claimant had persistent, objectively supported cognitive, psychological and physical functional limitations that prevented regular performance of any substantially gainful occupation by the hearing date; she followed medical advice and attempted rehabilitation; prognosis was poor and condition likely indefinite; therefore the disability was severe and prolonged and pension entitlement exists with payment commencing January 2019 under CPP timing rules.

Citation
2021 SST 475
Parties
Appellant (claimant): T. C.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 May 2021
Procedural Posture
CPP Disability Appeal / Social Security Tribunal General Division Decision (appeal Allowed)
Outcome
Appeal allowed; claimant entitled to Canada Pension Plan disability pension
Legal Topics
Disability Pension, Severe and Prolonged, Medical Evidence, Mitigation, Onset and Payment Date
Source Language
English
Social Security Administrative Law Disability Pension Severe and Prolonged Medical Evidence Mitigation Onset and Payment Date

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Parties

T. C.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / Social Security Tribunal General Division Decision (appeal Allowed)

Legal Issues

  1. 1 Whether the claimant's disability was severe by the relevant date
  2. 2 Whether the claimant's disability was prolonged
  3. 3 Whether the claimant followed medical advice and mitigated her condition

Ratio Decidendi

On the evidence the Tribunal found the claimant had persistent, objectively supported cognitive, psychological and physical functional limitations that prevented regular performance of any substantially gainful occupation by the hearing date; she followed medical advice and attempted rehabilitation; prognosis was poor and condition likely indefinite; therefore the disability was severe and prolonged and pension entitlement exists with payment commencing January 2019 under CPP timing rules.

Court Disposition

Appeal allowed; claimant entitled to Canada Pension Plan disability pension

Orders

  • Grant CPP disability pension to T. C. payable from January 2019