TS v Minister of Employment and Social Development

2020 SST 1207

Social Security Tribunal

Successfully overturned the Minister of Employment and Social Development’s decision to deny our client’s application for Canada Pension Plan Disability Benefits due to injuries sustained in a motor vehicle accident.

Our client was injured in a 2013 motor vehicle accident where his vehicle was hit by a large truck. Despite attempting to return to work, he was unable to because of several conditions including a traumatic brain injury associated with headaches, dizziness; difficulties with balance and concentration; torn rotator cuff; neck, shoulder and back pain; depression; posttraumatic stress disorder, fatigue and insomnia.

Our client applied for Canada Pension Plan (CPP) disability benefits from the Government of Canada but was denied by the Minister. We appealed the denial to the Social Security Tribunal.

The Tribunal agreed that our client was entitled to CPP disability benefits. The Tribunal accepted evidence from our client that due post-concussive syndrome symptoms he suffered from chronic fatigue, insomnia, daily headaches, dizziness, tinnitus, nausea, loss of balance, as well as cognitive deficits with memory, word-finding, concentration and focus. His physical symptoms included chronic left shoulder pain, loss of sensitivity in his left hand, chronic neck pain and lower back pain. These symptoms were further inflamed by psychological symptoms of depression, PTSD, anxiety an driving phobia.

As a result of his impairments, our client testified that he could not follow a simple daily routine, had to move into his daughter’s basement, no longer had the energy to cook, could not complete daily chores and experience significant fatigue if he exerted himself.

The Tribunal found that the medical evidence corroborated with our client’s testimony. Clinical notes and records from numerous medical experts and treatment providers over the course of seven years consistently outlined our client’s debilitating health condition and his inability to return to any type of employment.

Have you suffered a serious injury or have been denied long-term disability? Contact us for a free consultation. Call us at (905) 286-0050 or fill out our form on this page.

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