CW v Minister of Employment and Social Development

CW v Minister of Employment and Social Development

The claimant failed to prove that his functional limitations between March 20 and December 31, 2019 prevented him from regularly pursuing any substantially gainful occupation: objective medical evidence showed treatable depression/anxiety with positive prognosis after CBT and pharmacotherapy, no evidence of incapacity for all work, and claimant did not seek suitable alternative employment; therefore the disability was not severe and the appeal is dismissed.

Citation
2021 SST 469
Parties
Appellant (claimant): C. W.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 March 2021
Procedural Posture
CPP Disability Appeal / General Division Decision
Outcome
Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.
Legal Topics
Disability Pension Eligibility, Severe and Prolonged Test, Minimum Qualifying Period (mqp), Window Period, Functional Limitations
Source Language
English
Social Security Canada Pension Plan Administrative Law Disability Pension Eligibility Severe and Prolonged Test Minimum Qualifying Period (mqp) Window Period Functional Limitations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C. W.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant had a disability that was severe between March 20, 2019 and December 31, 2019
  2. 2 Whether the disability was prolonged during the MQP window
  3. 3 Whether the claimant was capable of any substantially gainful occupation given his functional limitations

Ratio Decidendi

The claimant failed to prove that his functional limitations between March 20 and December 31, 2019 prevented him from regularly pursuing any substantially gainful occupation: objective medical evidence showed treatable depression/anxiety with positive prognosis after CBT and pharmacotherapy, no evidence of incapacity for all work, and claimant did not seek suitable alternative employment; therefore the disability was not severe and the appeal is dismissed.

Court Disposition

Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.