AB v Minister of Employment and Social Development

AB v Minister of Employment and Social Development

The appeal is dismissed because the Tribunal found on the balance of probabilities that the claimant did not suffer a severe disability by the MQP: medical evidence showed improvement or mild psychological limitations, there was evidence of residual work capacity and personal characteristics (education, language) supported ability to seek lighter work, and the claimant made no demonstrated unsuccessful attempts to obtain or maintain alternate employment.

Citation
2021 SST 808
Parties
Appellant (claimant): A. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Severe Disability, Prolonged Disability, Minimum Qualifying Period, Real World Employability, Medical Evidence
Source Language
English
Canada Pension Plan Social Security Disability Benefits Severe Disability Prolonged Disability Minimum Qualifying Period Real World Employability Medical Evidence

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Parties

A. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant’s conditions resulted in a severe disability (incapable regularly of pursuing any substantially gainful occupation) by the MQP (December 31, 2019)
  2. 2 If severe, whether the disability was prolonged (long continued and of indefinite duration) by the MQP

Ratio Decidendi

The appeal is dismissed because the Tribunal found on the balance of probabilities that the claimant did not suffer a severe disability by the MQP: medical evidence showed improvement or mild psychological limitations, there was evidence of residual work capacity and personal characteristics (education, language) supported ability to seek lighter work, and the claimant made no demonstrated unsuccessful attempts to obtain or maintain alternate employment.

Court Disposition

Appeal dismissed

Orders

  • Claimant is not entitled to a Canada Pension Plan disability pension
  • Appeal dismissed by the General Division