AD v Minister of Employment and Social Development

AD v Minister of Employment and Social Development

The claimant failed to prove on a balance of probabilities that she had disabling functional limitations by the MQP date (December 31, 2010) or the prorated date (June 30, 2011); relevant medical evidence shows key impairments and psychiatric/pain conditions arose or were documented after those dates (notably post-2017), and ophthalmological evidence indicated adequate left-eye vision and early glaucoma after the MQP, so the disability was not severe and there was no need to address prolongedness.

Citation
2022 SST 289
Parties
Appellant/claimant: A. D.; Respondent/minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 January 2022
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Severe Disability, Prolonged Disability, Minimum Qualifying Period, Proration, Medical Evidence, Functional Limitations
Source Language
English
Social Security Canada Pension Plan Administrative Law Severe Disability Prolonged Disability Minimum Qualifying Period Proration Medical Evidence +1 more

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Parties

A. D.

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 had a severe disability by the MQP date of December 31, 2010
  2. 2 Whether, if not disabled by MQP, the claimant was disabled by the prorated date of June 30, 2011
  3. 3 Whether the claimant's functional limitations (including vision loss, migraines, back pain, depression) prevented regular pursuit of any substantially gainful occupation as of the relevant date(s)

Ratio Decidendi

The claimant failed to prove on a balance of probabilities that she had disabling functional limitations by the MQP date (December 31, 2010) or the prorated date (June 30, 2011); relevant medical evidence shows key impairments and psychiatric/pain conditions arose or were documented after those dates (notably post-2017), and ophthalmological evidence indicated adequate left-eye vision and early glaucoma after the MQP, so the disability was not severe and there was no need to address prolongedness.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not eligible for a Canada Pension Plan disability pension as of MQP date December 31, 2010 and prorated date June 30, 2011