Social Security Tribunal entitled to focus on applicant's capacity as of date she was determined to no longer meet definition of disability

Applicant’s disability benefits under Canada Pension Plan (CPP) were terminated, which was upheld by General Division of Social Security Tribunal (SST-GD). Appeal Division of Social Security Tribunal (SST-AD) dismissed applicant’s appeal and concluded that applicant no longer suffered from severe disability as she was not regularly incapable of pursuing any substantially gainful occupation. Applicant brought application for judicial review. Application dismissed. SST-AD’s decision was reasonable. SST-AD considered modest amounts earned by applicant in her part-time employment. There were other facts before SST-AD capable of supporting its conclusion. Applicant did not seek accommodations and attended university on part-time basis. It was open to SST-AD to focus analysis on applicant’s capacity as of day when she was determined to no longer meet definition of disability. Medical evidence did not support incapacity.

Burger v. Canada (Attorney General) (2018), 2018 CarswellNat 2314, 2018 FCA 95, Dawson J.A., Mary J.L. Gleason J.A., and Woods J.A. (F.C.A.).