SM v Minister of Employment and Social Development

SM v Minister of Employment and Social Development

The Minister applied the statutory maximum retroactivity (15 months) and the claimant failed to establish incapacity to form or express an intention to apply earlier; therefore no further retroactive CPP disability benefits are payable and the appeal is dismissed.

Citation
2021 SST 396
Parties
Appellant (claimant): S. M.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 March 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Retroactivity, Incapacity, Deeming Provision, Date of Application
Source Language
English
Social Security Administrative Law Disability Benefits Retroactivity Incapacity Deeming Provision Date of Application

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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

S. M.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 What is the maximum allowable period of retroactive benefits for a CPP disability benefit?
  2. 2 Is the Claimant entitled to an earlier date of application on the basis of incapacity?

Ratio Decidendi

The Minister applied the statutory maximum retroactivity (15 months) and the claimant failed to establish incapacity to form or express an intention to apply earlier; therefore no further retroactive CPP disability benefits are payable and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no additional retroactive CPP disability benefits awarded.