RL v Minister of Employment and Social Development

RL v Minister of Employment and Social Development

Permission to appeal was refused because the claimant failed to identify any arguable error within the limited statutory grounds: the General Division properly weighed the evidence and reasonably found no severe and prolonged disability during the MQP or prorated period, and the claimant did not have three valid...

Source-derived case information.

Citation
2022 SST 1052
Parties
Applicant: R. L.; Respondent: A. L.; Respondent: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 October 2022
Procedural Posture
Canada Pension Plan Disability Appeal / Application for Permission to Appeal (leave to Appeal)
Outcome
Permission to appeal refused
Legal Topics
CPP Disability, Minimum Qualifying Period (mqp), Leave to Appeal, Evidentiary Assessment
Source Language
english
Social Security Law Administrative Law Pension Law CPP Disability Minimum Qualifying Period (mqp) Leave to Appeal Evidentiary Assessment

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Parties

R. L.

Applicant

A. L.

Respondent

Minister of Employment and Social Development

Respondent

Procedural Posture

Canada Pension Plan Disability Appeal / Application for Permission to Appeal (leave to Appeal)

Legal Issues

  1. 1 Whether the General Division erred in finding the claimant was not disabled during the MQP or prorated period
  2. 2 Whether the claimant’s 2016–2018 earnings should be counted to establish a later MQP
  3. 3 Whether the General Division committed an error of law, fact or procedural unfairness allowing appeal

Ratio Decidendi

Permission to appeal was refused because the claimant failed to identify any arguable error within the limited statutory grounds: the General Division properly weighed the evidence and reasonably found no severe and prolonged disability during the MQP or prorated period, and the claimant did not have three valid earnings years in the last six (2016 was below the disability basic exemption), so no basis exists to overturn the General Division decision.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.