P. K. v. Minister of Employment and Social Development

P. K. v. Minister of Employment and Social Development

On the balance of probabilities the Tribunal accepted the appellant and spouse evidence and treating professionals' reports and found the appellant suffered profound bilateral hearing loss, severe adult ADHD, depression and back pain that rendered him incapable regularly of pursuing any substantially gainful occupation since November 2006; the limited, heavily accommodated part‑time work in 2013 did not demonstrate work capacity; therefore the appellant met the CPP severe and prolonged test, was deemed disabled July 2012 and entitled to payments from November 2012.

Citation
2016 SSTGDIS 59
Parties
Appellant: P. K.; Appellant’s Spouse (witness): D. K.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 August 2016
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal to the Social Security Tribunal / Hearing and Decision by General Division Member
Outcome
Appeal allowed
Legal Topics
Disability Pension Eligibility, Severe and Prolonged Disability, Minimum Qualifying Period, Deemed Date of Disability, Medical Evidence and Credibility
Source Language
English
Social Security Administrative Law Disability Benefits Disability Pension Eligibility Severe and Prolonged Disability Minimum Qualifying Period Deemed Date of Disability Medical Evidence and Credibility

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Parties

P. K.

Appellant

D. K.

Appellant’s Spouse (witness)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal to the Social Security Tribunal / Hearing and Decision by General Division Member

Legal Issues

  1. 1 Whether the Appellant had a severe disability on or before the MQP (Dec 31, 2013)
  2. 2 Whether the Appellant’s disability was prolonged (likely to be long continued and of indefinite duration)
  3. 3 Whether the Appellant was incapable regularly of pursuing any substantially gainful occupation

Ratio Decidendi

On the balance of probabilities the Tribunal accepted the appellant and spouse evidence and treating professionals' reports and found the appellant suffered profound bilateral hearing loss, severe adult ADHD, depression and back pain that rendered him incapable regularly of pursuing any substantially gainful occupation since November 2006; the limited, heavily accommodated part‑time work in 2013 did not demonstrate work capacity; therefore the appellant met the CPP severe and prolonged test, was deemed disabled July 2012 and entitled to payments from November 2012.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Appellant is deemed disabled as of July 2012 (15 months before receipt of application)