Tribunal failing to properly account for evidence that may have had significant impact on decision

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

Pension claimant broke her humerus and could no longer work due to her fibromyalgia, headaches and extreme body pain. General Division of Social Security Tribunal (GD-SST) found that claimant was not eligible for disability benefits under Canada Pension Plan as her disability was not “severe” prior to minimum qualifying period (MQP) date and she did not demonstrate that she was incapable of regularly pursuing any occupation at time of MQP. Appeal Division of SST (AD-SST) refused leave to appeal. Claimant brought application for judicial review. Application granted. Matter remitted to AD-SST. AD-SST unreasonably found that claimant’s argument that GD-SST made its decision without regard for material before it did not have reasonable chance of success. AD-SST failed to consider that GD-SST failed to consider medical evidence that post-dated MQP but spoke directly to claimant’s condition prior to that date and conflicted with evidence that GD-SST relied upon. GD-SST failed to properly account for at least some evidence before it that may have had significant impact on decision, especially reports by doctors that changed opinions in earlier reports.

Bowles-Fraser v. Canada (Attorney General) (2018), 2018 CarswellNat 1140, 2018 CarswellNat 1363, 2018 FC 308, 2018 CF 308, Russel W. Zinn J. (F.C.).

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