LA v Minister of Employment and Social Development

LA v Minister of Employment and Social Development

The Claimant's disabling conditions that render him severely disabled occurred in June 2016, after the MQP of December 31, 2011; because he was capable of substantially gainful employment after the MQP (returned to work by 2014 and earned in 2015–2016), he did not meet the CPP requirement of being severely disabled by the MQP and thus is not entitled to a CPP disability pension.

Citation
2021 SST 608
Parties
Appellant (claimant): L. A.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Severe Disability, Prolonged Disability, Minimum Qualifying Period, Eligibility, Burden of Proof
Source Language
English
Canada Pension Plan Social Security Disability Benefits Administrative Law Severe Disability Prolonged Disability Minimum Qualifying Period Eligibility +1 more

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Parties

L. A.

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 was incapable regularly of pursuing any substantially gainful occupation by December 31, 2011 (MQP).
  2. 2 If so, whether the disability was long continued and of indefinite duration by that date (prolonged).

Ratio Decidendi

The Claimant's disabling conditions that render him severely disabled occurred in June 2016, after the MQP of December 31, 2011; because he was capable of substantially gainful employment after the MQP (returned to work by 2014 and earned in 2015–2016), he did not meet the CPP requirement of being severely disabled by the MQP and thus is not entitled to a CPP disability pension.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No Canada Pension Plan disability pension awarded