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Social security 2026 SST 193

CK v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Appellant failed to prove on a balance of probabilities that her disability was severe by December 31, 2013 and continuously since because contemporaneous medical records and the Appellant's sustained work (self‑employed administrative duties and full‑time school work from Sept 2021–Mar 2023) demonstrate she retained capacity for substantially gainful employment after the MQP; therefore CPP disability entitlement is not established.

Source excerpt

  • Cpp disability
  • Minimum qualifying period (mqp)
  • Severe and prolonged disability
  • Work capacity
  • Medical evidence
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Social security 2026 SST 161

OK v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The Tribunal found the incapacity rule did not apply because there was no medical evidence showing the Appellant was incapable of forming or expressing an intention at any time and the Appellants documented activities (work history, education, applications for provincial benefits, obtaining health coverage, and seeking assistance from her psychiatrist) demonstrated capacity; therefore payments cannot be backdated before April 2022 and the appeal is dismissed.

Source excerpt

  • Date of onset
  • Incapacity rule
  • Eligibility
  • Reconsideration
  • Payment commencement
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Administrative law 2026 SST 160

FC v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appellant failed to prove on a balance of probabilities that she had a severe disability by December 31, 2017 because medical records before the MQP only established fibromyalgia with limited and intermittent treatment and visits in 2017, the appellant continued to work through and after the MQP (reporting about 230 hours per month in December 2017), had transferable skills and ability to retrain for sedentary work, and did not demonstrate efforts to obtain or retain suitable work; therefore the disability was not severe and it was unnecessary to decide prolongation.

Source excerpt

  • Canada pension plan
  • Cpp disability
  • Minimum qualifying period (mqp)
  • Severe and prolonged disability
  • Work capacity
  • Functional limitations
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Social security 2026 SST 138

NJ v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Permission to appeal refused because the claimant produced no new evidence from the relevant qualifying period and failed to raise an arguable case that the General Division made a legal, factual, mixed or natural justice error; additionally, compassionate grounds are not a jurisdictional basis to grant a pension by the Appeal Division.

Source excerpt

  • Leave to appeal
  • Natural justice
  • New evidence
  • Compassionate grounds
  • Minimum qualifying period
  • Proration period
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Social security 2026 SST 127

JK v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The Claimant did not meet the CPP 'severe' threshold as of December 31, 2022 because the evidence showed residual capacity for sedentary work: contemporaneous medical reports showed no significant psychiatric restrictions, objective observations undermined reported physical incapacity, treating physician correspondence was inconsistent, the Claimant completed a nearly two‑hour virtual assessment without observable difficulty, and post‑MQP work interruptions were attributable to events after 2022 (including a 2024 motor vehicle accident and personal family matters) rather than continuous limit…

Source excerpt

  • Cpp disability pension
  • Severe and prolonged test
  • Mqp/coverage period
  • Residual work capacity
  • Duty to pursue suitable work
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Social security law 2026 SST 112

WP v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

On the evidence the claimant was incapable regularly of pursuing any substantially gainful occupation from October 2022 onward due to combined chronic back and right leg pain with anxiety and depression; medical opinions of long‑standing, non‑improving conditions and consistent functional limitations, coupled with reasonable justification for non‑compliance with psychiatric treatment (side effects, cost, access and trauma), established both severity and that the disability is likely to be long continued and of indefinite duration; applying the 15‑month limitation and the four‑month waiting pe…

Source excerpt

  • Cpp disability pension
  • Severe and prolonged test
  • Mitigation and treatment compliance
  • Pension commencement date
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Social security 2026 SST 108

MD v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Based on the pre-MQP and contemporaneous expert medical evidence (notably Dr. Gouws and Dr. Ghouse, supported by occupational therapy findings) the Tribunal found the appellant was incapable regularly of pursuing any substantially gainful occupation by October 2018 and that the disability was prolonged; application date limits the recognized onset to 15 months before the application (July 2021) and, after the four-month waiting period, payments commence November 2021.

Source excerpt

  • Cpp disability eligibility
  • Minimum qualifying period
  • Severity and prolongation tests
  • Start date of benefits
  • Real-world employability
  • Medical evidence assessment
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Social security 2026 SST 104

KN v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

On the balance of probabilities the appellant's recurrent abdominal hernias and related functional limitations, confirmed by surgical records and testimony predating the MQP, rendered him incapable regularly of pursuing any substantially gainful occupation as of January 2019 and were likely to continue indefinitely; accordingly he met the CPP severe and prolonged test and is eligible for a disability pension, with payments commencing August 2023 under the CPP timing rules.

Source excerpt

  • Canada pension plan
  • Cpp disability pension
  • Severe and prolonged
  • Minimum qualifying period
  • Eligibility and payment start date
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Canada pension plan 2026 SST 91

HS v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appeal is dismissed because the Appellant did not prove a severe disability by the hearing date: medical evidence and the treating psychiatrist did not identify illness barriers or severe symptoms, recommended treatments remain unexhausted and prognosis is potentially improvable, real-world factors (youth, education, language) support capacity for other work, and credibility concerns (contradictory testimony about childcare work and self-care) undercut the Appellant's claims of incapacity; therefore the disability was not severe and the issue of prolonged need not be addressed.

Source excerpt

  • Cpp disability eligibility
  • Severe and prolonged definition
  • Medical evidence assessment
  • Credibility findings
  • Real-world capacity to work
  • Exhaustion of treatment
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Social security law 2026 SST 95

GS v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Leave to appeal refused because the Applicant did not raise an arguable case that the General Division made a legal or factual error and did not present new evidence; the General Division applied the correct legal test, considered the contributory period and relevant medical evidence, and concluded there was no objective medical evidence showing severe disability by the MQP.

Source excerpt

  • Leave to appeal
  • Canada pension plan disability
  • Severe and prolonged test
  • Minimum qualifying period (mqp)
  • New evidence
  • Evidentiary standard
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.