Not role of court on judicial review to decide afresh claimant’s entitlement to disability pension

Pensions - Federal and Provincial Pension Plans - Federal pension plans

Claimant suffered back injury in workplace accident, leading to chronic pain. Minister of Employment and Social Development denied claimant’s application for disability pension under Canada Pension Plan. General Division of Social Security Tribunal dismissed claimant’s appeal on ground that claimant did not have severe disability on her minimum qualifying period date. Appeal Division of Social Security Tribunal dismissed claimant’s appeal on ground that General Division did not err or deny her procedural fairness. Claimant brought application for judicial review. Application dismissed. Finding that claimant currently had disability would not assist her, as disability must be found as of minimum qualifying period date. It was not role of court on judicial review to decide afresh claimant’s entitlement to disability pension so merits could not be reconsidered. General Division expressly stated that it reviewed all medical evidence on file, and fact that it did not make specific reference to certain evidence did not mean that it was ignored.

Mackey v. Canada (Attorney General) (2019), 2019 CarswellNat 2337, 2019 FCA 168, Eleanor R. Dawson J.A., Judith Woods J.A., and J.B. Laskin J.A. (F.C.A.).

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