Claimant was capable of regularly pursuing substantially gainful occupation

Federal court | Pensions | Federal and provincial pension plans | Federal pension plans

Applicant claimant ran home daycare and suffered from fibromyalgia, allegedly since December 2008. Claimant's application for disability pension benefits was rejected. General Division of Social Security Tribunal allowed claimant's appel from denial of reconsideration request, and awarded her disability pension benefits as of January 2017. Claimant appealed on ground that she should have been found disabled prior to 2017. Appeal Division of Social Security Tribunal dismissed claimant's application for leave to appeal, finding that she did not make any arguments under grounds for review in s. 58 of Department of Employment and Social Development Act. Appeal Division found that General Division's finding that claimant was capable of regularly pursuing substantially gainful occupation until January 2017 was supported by evidence. Claimant brought application for judicial review. Application dismissed. Appeal Division reasonably decided that claimant's argument would have no reasonable chance of success on appeal, and reasonably refused to grant leave to appeal. Appeal Division's reasons were within range of acceptable outcomes defensible in respect of facts and law.

Thomson v. Canada (Attorney General) (2019), 2019 CarswellNat 610, 2019 FC 237, Shirzad Ahmed J. (F.C.).


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