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Decision
[1] I have decided the Claimant is not eligible for the Canada Pension Plan (CPP) disability pension, so I am dismissing his appeal. Here are the reasons why.
Overview
[2] The Claimant applied for the CPP disability pension the first time on November 23, 2012. He stated that he was too sick to work or to move. His application was denied and he did not request that the Minister reconsider its decision.
[3] The Claimant applied for the CPP disability pension a second time on February 10, 2017, stating it was due to liver disease. The Minister denied the application initially and upon reconsideration because the evidence does not support that he had any serious impairment which would have prevented him from doing suitable work.
[4] The Claimant appealed to the Social Security Tribunal stating that his doctor told him in 2008 that he had 2.5 years to live. His medical condition was critical, permanent and terminal.
There is one issue in this appeal
[5] A person who applies for a disability pension has to meet the requirements that are set out in the law that deals with CPP disability benefits. First, you have to meet the contribution requirements. The legal term for this is the “minimum qualifying period”Footnote 1 (MQP). The Claimant’s MQP date is December 31, 2006.
[6] Second, you have to have a disability that is “severe” and “prolonged”Footnote 2. You have to have that disability on or before the MQP date.
[7] The issue I have to decide is whether the Claimant’s disability was severe and prolonged by December 31, 2006. It is up to the Claimant to proveFootnote 3 this.
Is the claimant’s disability severe and prolonged?
[8] If the Claimant is incapable regularly of pursuing any substantially gainful occupation because of his disability, that is a severeFootnote 4 disability. If the Claimant’s disability is likely to be long continued and of indefinite duration, that is a prolongedFootnote 5 disability. The Claimant’s disability must be both severe and prolonged by December 31, 2006, for the Claimant to receive a disability pension.
[9] To decide if the Claimant’s disability is severe, I have to look at all of the Claimant’s medical conditions together to see what effect they have on his capacity to workFootnote 6.
[10] The Claimant has been diagnosed with cirrhosis of the liver and hepatitis C. I have to consider how the Claimant feels about the impact these conditions have on his capacity to work. This is what we call subjective evidence. I also have to consider what doctors and other medical professionals say about his condition, including such things as the results of medical tests. This is objective evidence. The Claimant must provide some objective medical evidence to support his claimFootnote 7.
Subjective evidence
[11] The Claimant explained how he sees his medical condition. He stated that:
- He was in a workplace accident when he was 19 years old. He was paralyzed from the neck down for 11 months.
- At the age of 55, he was diagnosed with Hepatitis C. He could not stay awake for more than 2 hours which is why he started going for tests.
- Then they found out he had cirrhosis of the liver so bad that nothing could be done and they told him he should get his affairs in order because he only had 2.5 years to live.
- He was on a liver transplant list, but he had to be removed because his platelet count was so low, it was not safe to operate.
- He has gone through several transfusions but he was unable to get his platelet count up.
- His problems did not just start in 2008, he has struggled all his life since he was paralyzed.
- He has been unable to work as a mud man on the oil rigs since way before 2008.
- He still cannot stay awake longer than two hours. He cannot apply for work. By the time he gets showered, he wants to go back to bed. He used to run everywhere, now he cannot even work.
[12] I recognize that the Claimant has been dealing with his medical conditions for a long time. However, he is required to provide objective medical evidence to support his claim. I have to consider what his doctors and other medical professionals say.
Objective evidence
[13] There is no medical evidence provided for the time of the Claimant’s MQP of December 31, 2006. He provided the evidence about his accident when he was 19 years old. And then there is no medical evidence until 2008.
[14] In May 2008, the Claimant had blood work done showing a low platelet count. On August 7, 2008, the hepatologist (liver specialist) reported that the Claimant most likely had cirrhosis secondary to chronic hepatitis C. The Claimant reported that he felt well overall and wondered if the phlebotomy was related to his improvement in his fatigue symptoms.
[15] The Claimant provided a lot more medical evidence that shows his condition continued to deteriorate. But I am required to determine if the Claimant was disabled on or before his MQP date of December 2006. There is no objective evidence to support a disability at the MQP date. And he was diagnosed with cirrhosis of the liver after his MQP date. I understand that the Claimant’s symptoms did not start suddenly and he had symptoms prior to the diagnosis. But without medical evidence, I am unable to conclude that the Claimant was severely disabled by December 31, 2006.
The claimant maintained a capacity to work past his MQP date
[16] The Claimant was self-employed working as a mud man for the oil industry. His Record of Contributions does not show any earnings past 2003. But the Claimant indicated in a provincial disability application dated June 30, 2010, that he was self-employed and could no longer work because of his medical condition in January 2010. In a provincial disability application dated October 26, 2016, the Claimant again indicated that he was self-employed and could no longer work because of his disability “6 years ago”.
[17] The Claimant indicated in his first application for the CPP disability pension dated November 23, 2012, that he was self-employed and his last day on the job was February 10, 2009. He also indicated this was the date he could no longer work because of his medical condition. When I asked him at the hearing why he chose that date, he responded that he did not remember.
[18] I recognize that a lot of time has passed and it can be difficult to remember when certain events happened. The Claimant admitted he was self-employed. He also stated in several applications that he was no longer able to work after 2009, or 2010. From this, I am satisfied that the Claimant maintained a capacity to work after his MQP date of December 31, 2006.
[19] In combination with his medical condition, I also have to look at his background (including her age, level of education and past work and life experience). This is so I can get a realistic or “real world” picture of whether his disability is severeFootnote 8.
[20] The Claimant was 54 years old at the time of his MQP. He had completed high school and had received training through his employer. He was a chemist in the oil industry explaining that he would drive out to the oil rigs, take some pipe depth samples and do a chemical evaluation to determine the content of the soil, etc. He was also self-employed. The Claimant’s age, education and work experience would allow him to retrain or engage in employment in the competitive workforce. Since the evidence suggests the Claimant continued to work past his MQP date, I find he was capable of regularly pursuing substantially gainful employment. His disability was not severe by his MQP date.
[21] I have found that the Claimant was not disabled on or before his MQP date of December 31, 2006; therefore, there is no need for me to consider whether the disability is prolonged.
Other matters
Post-retirement disability pension
[22] New legislation effective January 1, 2019, provides disability protection for CPP retirement pensioners who are disabled on or after their retirement pension start date but who have not reached the age of 65Footnote 9. This is called the post-retirement disability benefit (PRDB).
[23] The Claimant’s birthday is August 25, 1952. This means he turned 65 years old in August 2017. The earliest date a PRDB can be paid is January 2019, the date in which the legislation became effective. The Claimant did not qualify for this benefit since he reached the age of 65 prior to the earliest date the benefit can be paid.
Conclusion
[24] The Claimant does not have a severe and prolonged disability. The result is that his appeal is dismissed.