VM v Minister of Employment and Social Development

VM v Minister of Employment and Social Development

On the balance of probabilities the Minister proved the claimant ceased to be disabled by the end of October 2010 because she returned to work in July 2010, provided market value for her services while accommodated, and earned amounts at or above substantially gainful thresholds in the pertinent years, therefore termination effective November 2010 was lawful.

Citation
2021 SST 394
Parties
Appellant (claimant): V. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 March 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal dismissed; Minister entitled to terminate CPP disability pension effective November 2010.
Legal Topics
Disability Pension Termination, Substantially Gainful Employment, Overpayment Recovery, Rehabilitation and Return to Work, Reconsideration and Appeal
Source Language
English
Canada Pension Plan Social Security Administrative Law Employment Law Disability Pension Termination Substantially Gainful Employment Overpayment Recovery Rehabilitation and Return to Work +1 more

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Parties

V. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether the claimant’s earnings and employment beginning July 2010 demonstrate she regained the regular capacity to pursue substantially gainful employment by end of October 2010
  2. 2 Whether the Minister discharged the burden to terminate CPP disability pension effective November 2010
  3. 3 Whether employer accommodations negated a finding of substantial gainful capacity

Ratio Decidendi

On the balance of probabilities the Minister proved the claimant ceased to be disabled by the end of October 2010 because she returned to work in July 2010, provided market value for her services while accommodated, and earned amounts at or above substantially gainful thresholds in the pertinent years, therefore termination effective November 2010 was lawful.

Court Disposition

Appeal dismissed; Minister entitled to terminate CPP disability pension effective November 2010.

Orders

  • Appeal dismissed.
  • Minister entitled to terminate the claimant’s CPP disability pension effective November 2010.