MK v Minister of Employment and Social Development

MK v Minister of Employment and Social Development

On the evidence, including contemporaneous medical reports documenting fibromyalgia, chronic pain, neck and shoulder injuries, depression and PTSD, and objective functional limitations, the Tribunal concluded it is more likely than not that by December 31, 2019 the claimant was incapable regularly of pursuing any substantially gainful occupation and that her disability was long continued and of indefinite duration; therefore she is entitled to a CPP disability pension with payments commencing March 2017 (deemed disability November 2016).

Citation
2021 SST 418
Parties
Appellant (claimant): M. K.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 June 2021
Procedural Posture
CPP Disability Appeal / General Division Decision
Outcome
Appeal allowed; claimant entitled to Canada Pension Plan disability pension
Legal Topics
Severe Disability, Prolonged Disability, Eligibility for CPP Disability Pension, Date of Disability and Payment, Treatment Compliance
Source Language
English
Social Security Administrative Law Disability Benefits Employment Law Severe Disability Prolonged Disability Eligibility for CPP Disability Pension Date of Disability and Payment +1 more

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Parties

M. K.

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 health conditions rendered her incapable regularly of pursuing any substantially gainful occupation by December 31, 2019 (severity)
  2. 2 Whether the claimant’s disability was long continued and of indefinite duration by December 31, 2019 (prolonged)
  3. 3 Whether failure to pursue certain treatments or alternate employment precludes entitlement

Ratio Decidendi

On the evidence, including contemporaneous medical reports documenting fibromyalgia, chronic pain, neck and shoulder injuries, depression and PTSD, and objective functional limitations, the Tribunal concluded it is more likely than not that by December 31, 2019 the claimant was incapable regularly of pursuing any substantially gainful occupation and that her disability was long continued and of indefinite duration; therefore she is entitled to a CPP disability pension with payments commencing March 2017 (deemed disability November 2016).

Court Disposition

Appeal allowed; claimant entitled to Canada Pension Plan disability pension

Orders

  • Appeal allowed
  • Claimant entitled to a Canada Pension Plan disability pension with payment beginning March 2017 (deemed date of disability November 2016)