DS v Minister of Employment and Social Development

DS v Minister of Employment and Social Development

The Tribunal exercised its discretion not to apply res judicata due to procedural unfairness and evidentiary gaps in the 2006 Review Tribunal decision; after considering all evidence, the Tribunal found the claimant did not prove on a balance of probabilities that she was incapable regularly of pursuing any substantially gainful occupation by December 31, 2008 or between January 1 and May 31, 2009 (MQP), noting objective medical evidence and the claimant's post‑MQP work history demonstrated work capacity; therefore the appeal is dismissed.

Citation
2021 SST 419
Parties
Appellant (claimant): D. S.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal dismissed; claimant not entitled to CPP disability benefits
Legal Topics
Res Judicata, Minimum Qualifying Period (mqp), Severity and Prolongation of Disability, Evidence and Burden of Proof, Work Capacity and Employability
Source Language
English
Administrative Law Social Security Law Disability Benefits Employment and Social Development Res Judicata Minimum Qualifying Period (mqp) Severity and Prolongation of Disability Evidence and Burden of Proof +1 more

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Parties

D. S.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Does res judicata arising from the 2006 Review Tribunal decision bar relitigation of the claimant's entitlement?
  2. 2 Was the claimant disabled (severe and prolonged) by December 31, 2008 or between January 1 and May 31, 2009 (MQP/coverage period)?
  3. 3 Did the claimant have the functional capacity to regularly pursue any substantially gainful occupation by the MQP dates?

Ratio Decidendi

The Tribunal exercised its discretion not to apply res judicata due to procedural unfairness and evidentiary gaps in the 2006 Review Tribunal decision; after considering all evidence, the Tribunal found the claimant did not prove on a balance of probabilities that she was incapable regularly of pursuing any substantially gainful occupation by December 31, 2008 or between January 1 and May 31, 2009 (MQP), noting objective medical evidence and the claimant's post‑MQP work history demonstrated work capacity; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; claimant not entitled to CPP disability benefits

Orders

  • Appeal dismissed