DO v Minister of Employment and Social Development

DO v Minister of Employment and Social Development

Claimant failed to prove, on the balance of the evidence, a continuous incapacity preventing her from forming or expressing the intention to apply before February 2017; contemporaneous evidence of voluntary activities, ability to sign documents (including insurer authorizations), medical assessments showing intact cognition, and the lack of persuasive explanation by the family physician outweigh the later Declaration of Incapacity; therefore statutory 11-month retroactivity limit applies and the effective date remains March 2016.

Citation
2021 SST 147
Parties
Appellant (claimant): D. O.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 March 2021
Procedural Posture
Canada Pension Plan (cpp) Disability / General Division Hearing on Appeal of Minister's Reconsideration Decision Regarding Effective Date of Benefits
Outcome
Appeal dismissed
Legal Topics
Effective Date of CPP Disability Benefits, Retroactivity Limit, Incapacity to Apply, Definition of Incapacity, Evidence Weight and Credibility
Source Language
English
Social Security Administrative Law Pensions Disability Law Effective Date of CPP Disability Benefits Retroactivity Limit Incapacity to Apply Definition of Incapacity +1 more

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Parties

D. O.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan (cpp) Disability / General Division Hearing on Appeal of Minister's Reconsideration Decision Regarding Effective Date of Benefits

Legal Issues

  1. 1 Whether the claimant was incapable of forming or expressing the intention to apply for CPP disability benefits before February 2017
  2. 2 Whether the claimant is entitled to retroactive benefits earlier than March 2016 beyond the statutory 11-month limit due to incapacity
  3. 3 Whether the Declaration of Incapacity by the family physician establishes a continuous period of incapacity covering the claimed dates

Ratio Decidendi

Claimant failed to prove, on the balance of the evidence, a continuous incapacity preventing her from forming or expressing the intention to apply before February 2017; contemporaneous evidence of voluntary activities, ability to sign documents (including insurer authorizations), medical assessments showing intact cognition, and the lack of persuasive explanation by the family physician outweigh the later Declaration of Incapacity; therefore statutory 11-month retroactivity limit applies and the effective date remains March 2016.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Effective date of entitlement remains March 2016; no additional retroactive payments granted