LD v Minister of Employment and Social Development

LD v Minister of Employment and Social Development

The claimant failed to prove on the balance of probabilities that he had functional limitations that rendered his disability 'severe' by December 31, 1997 because there is no objective medical evidence from or based on observations at or before that date; therefore he is not eligible for a CPP disability pension and the appeal is dismissed.

Citation
2021 SST 156
Parties
Appellant (claimant): L. D.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 February 2021
Procedural Posture
CPP Disability / General Division Decision (social Security Tribunal)
Outcome
Appeal dismissed; claimant not eligible for a Canada Pension Plan disability pension.
Legal Topics
Eligibility, Severe and Prolonged Disability, Minimum Qualifying Period, Contributory Requirements, Medical Evidence and Causation
Source Language
English
Social Security Administrative Law Disability Benefits Eligibility Severe and Prolonged Disability Minimum Qualifying Period Contributory Requirements Medical Evidence and Causation

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 6 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

L. D.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

CPP Disability / General Division Decision (social Security Tribunal)

Legal Issues

  1. 1 Whether the claimant had a disability that was severe by the MQP date (December 31, 1997)
  2. 2 Whether objective medical evidence existed showing functional limitations by December 31, 1997
  3. 3 Whether the claimant met CPP minimum contributory requirements and demonstrated capacity to work

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that he had functional limitations that rendered his disability 'severe' by December 31, 1997 because there is no objective medical evidence from or based on observations at or before that date; therefore he is not eligible for a CPP disability pension and the appeal is dismissed.

Court Disposition

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

Orders

  • Appeal dismissed
  • Claimant is not entitled to CPP disability benefits as of the MQP date