JN v Minister of Employment and Social Development

JN v Minister of Employment and Social Development

Objective medical evidence established a full‑thickness right rotator cuff tear causing constant pain and decreased range of motion that prevented use of the right arm; claimant followed medical advice and was not a candidate for effective further treatment; combined with vocational factors (age, low education, limited English, lack of transferable skills) and inability to maintain regular attendance due to pain and fatigue, the claimant was incapable of pursuing any substantially gainful occupation and the disability was likely to continue indefinitely, therefore the appeal is allowed and CPP disability pension is payable from December 2019.

Citation
2021 SST 234
Parties
Appellant (claimant): J. N.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
CPP Disability Appeal / General Division Decision
Outcome
Appeal allowed; claimant found eligible for CPP disability pension.
Legal Topics
Severe and Prolonged Disability, Minimum Qualifying Period, Eligibility for Pension, Medical Evidence, Following Medical Advice, Onset and Payment Date
Source Language
English
Canada Pension Plan Disability Benefits Social Security Administrative Law Severe and Prolonged Disability Minimum Qualifying Period Eligibility for Pension Medical Evidence +2 more

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Parties

J. N.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant’s disability was severe by the relevant date
  2. 2 Whether the claimant’s disability was prolonged
  3. 3 Whether the claimant followed medical advice and effect of treatment history

Ratio Decidendi

Objective medical evidence established a full‑thickness right rotator cuff tear causing constant pain and decreased range of motion that prevented use of the right arm; claimant followed medical advice and was not a candidate for effective further treatment; combined with vocational factors (age, low education, limited English, lack of transferable skills) and inability to maintain regular attendance due to pain and fatigue, the claimant was incapable of pursuing any substantially gainful occupation and the disability was likely to continue indefinitely, therefore the appeal is allowed and CPP disability pension is payable from December 2019.

Court Disposition

Appeal allowed; claimant found eligible for CPP disability pension.

Orders

  • Appeal allowed
  • Claimant eligible for Canada Pension Plan disability pension