RP v Minister of Employment and Social Development

RP v Minister of Employment and Social Development

Appellant failed to prove on a balance of probabilities that his impairments, as evidenced by the medical record and specialist assessments, produced functional limitations that rendered him incapable regularly of pursuing any substantially gainful occupation by December 31, 2020; specialist UESP findings and lack of reliable mental health evidence outweighed treating psychiatrist's conclusory opinions and appellant's inconsistent testimony, so appeal must be dismissed.

Citation
2022 SST 393
Parties
Appellant: R. P.; Representative: Minister of Employment and Social Development; Respondent: George Santos
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 May 2022
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Hearing on Appeal From Reconsideration Decision
Outcome
Appeal dismissed
Legal Topics
CPP Disability Eligibility, Severe and Prolonged Test, Procedural Conduct Hearing in Absence, Medical Evidence and Functional Assessment, Credibility and Inconsistencies
Source Language
English
Social Security Administrative Law Employment and Social Development Canada Pension Plan CPP Disability Eligibility Severe and Prolonged Test Procedural Conduct Hearing in Absence Medical Evidence and Functional Assessment +1 more

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Parties

R. P.

Appellant

Minister of Employment and Social Development

Representative

George Santos

Respondent

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Hearing on Appeal From Reconsideration Decision

Legal Issues

  1. 1 Whether the appellant had a severe disability by the MQP date (December 31, 2020)
  2. 2 Whether the disability was prolonged
  3. 3 Whether medical evidence established functional limitations preventing substantially gainful occupation

Ratio Decidendi

Appellant failed to prove on a balance of probabilities that his impairments, as evidenced by the medical record and specialist assessments, produced functional limitations that rendered him incapable regularly of pursuing any substantially gainful occupation by December 31, 2020; specialist UESP findings and lack of reliable mental health evidence outweighed treating psychiatrist's conclusory opinions and appellant's inconsistent testimony, so appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant not eligible for Canada Pension Plan disability benefits as of December 31, 2020