Federal Appeal


Pensions

Federal and provincial pension plans

Federal pension plans

Proof that claimant suffered from chronic pain syndrome did not automatically mean claimant was entitled to disability benefits

General Division of Social Security Tribunal (SST-GD) upheld denial of Canada Pension Plan disability benefits to claimant because he did not establish that he suffered from severe and prolonged disability. Appeal Division of Social Security Tribunal (SST-AD) dismissed claimant’s appeal. Claimant brought application for judicial review. Application dismissed. SST-AD’s decision was reasonable. Jurisprudence did not stand for proposition that SST-AD may re-weigh evidence that was before SST-GD. Proof that claimant suffered from chronic pain syndrome did not automatically mean that claimant was entitled to disability benefits. SST-GD and SST-AD did not make reviewable error in assessing claimant’s claim, as there were facts to support conclusion that he did not meet statutory definition of disability.

Garvey v. Canada (Attorney General) (2018), 2018 CarswellNat 2890, 2018 FCA 118, D.G. Near J.A., Mary J.L. Gleason J.A., and J.B. Laskin J.A. (F.C.A.).

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