VS v Minister of Employment and Social Development

VS v Minister of Employment and Social Development

The appeal is dismissed because the Claimant failed to prove, on a balance of probabilities, that he had functional limitations by December 31, 2007 (or became disabled by November 30, 2008) sufficient to render him incapable regularly of pursuing substantially gainful employment; contemporaneous medical evidence predating the MQP is lacking and the Claimant's activities (part-time work and university attendance without treatment in 2007-2008) indicate capacity to work.

Citation
2021 SST 494
Parties
Appellant (claimant): V. S.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 April 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / General Division Decision Following Teleconference Hearing (april 6, 2021)
Outcome
Appeal dismissed
Legal Topics
Severe and Prolonged Disability, Minimum Qualifying Period (mqp), Eligibility Burden of Proof, Evidentiary Requirements for Retrospective Medical Evidence, Interpretation of CPP Provisions, Functional Limitations and Work Capacity
Source Language
English
Canada Pension Plan Social Security Disability Benefits Administrative Law Severe and Prolonged Disability Minimum Qualifying Period (mqp) Eligibility Burden of Proof Evidentiary Requirements for Retrospective Medical Evidence +2 more

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Parties

V. S.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / General Division Decision Following Teleconference Hearing (april 6, 2021)

Legal Issues

  1. 1 Whether the Claimant had a disability that was severe by December 31, 2007 (MQP)
  2. 2 Whether the Claimant became disabled between January 1, 2008 and November 30, 2008
  3. 3 Whether medical evidence establishes functional limitations by the MQP sufficient to render the Claimant incapable regularly of pursuing substantially gainful employment

Ratio Decidendi

The appeal is dismissed because the Claimant failed to prove, on a balance of probabilities, that he had functional limitations by December 31, 2007 (or became disabled by November 30, 2008) sufficient to render him incapable regularly of pursuing substantially gainful employment; contemporaneous medical evidence predating the MQP is lacking and the Claimant's activities (part-time work and university attendance without treatment in 2007-2008) indicate capacity to work.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not eligible for a Canada Pension Plan disability pension (no entitlement found as of MQP)