What is the test for bringing an applicant within the definition of severe disability?
Canada (Federal), Canada
The following excerpt is from J. S. v Minister of Employment and Social Development, 2015 SSTAD 1426 (CanLII):
Counsel relies upon Inclima v. Canada (Attorney General), 2003 FCA 117, where Pelletier J.A. wrote at paragraph 3: Consequently, an applicant who seeks to bring himself within the definition of severe disability must not only show that he (or she) has a serious health problem but where, as here, there is evidence of work capacity, must also show that efforts at obtaining and maintaining employment have been unsuccessful by reason of that health condition.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the difference between a severe disability and a severe one? (MultiRegion, United States of America)
What is the test for determining whether a claimant is a "disabled" or "not disabled" in a disability claim? (MultiRegion, United States of America)
What is the legal test for an application to bring an application under section 4(3) of the Immigration Regulations, and what is the burden of proof? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the effect of a subsequent application for Social Security Disability Benefits (SSI) being approved based on a subsequent SSI application? (MultiRegion, United States of America)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is considered to be a severe impairment or combination of impairments at step two of a disability application? (MultiRegion, United States of America)
