Question
CPP ACT s.42 (2): For the purposes of this Act, o(a) a person shall be considered to be disabled only if he is determined in
CPP ACT s.42 (2):
For the purposes of this Act,
o(a) a person shall be considered to be disabled only if he is determined in prescribed manner to have a severe and prolonged mental or physical disability, and for the purposes of this paragraph,
(i) a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable regularly of pursuing any substantially gainful occupation, and
(ii) a disability is prolonged only if it is determined in prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death; and
(b) a person is deemed to have become or to have ceased to be disabled at the time that is determined in the prescribed manner to be the time when the person became or ceased to be, as the case may be, disabled, but in no case shall a person - including a contributor referred to in subparagraph 44(1)(b)(ii) - be deemed to have become disabled earlier than fifteen months before the time of the making of any application in respect of which the determination is made.
Keeping in mind the above-mentioned statutory provision, you have a potential client, Ms. Twain. Her medical condition has not improved andher condition will only worsen with time (she suffers from a degenerative disc disease) and as such she is unable to work any further. The potential client has several medical problems rendering her physically and permanently disabled and as such, she is unable to continue working, not just in menial labour, but in any capacity, as attested by her physician, who advocates total cessation of work.Please also consider that at age 61, the ability for Ms. Twain to find other employment is extremely unlikely, especially given that her health problems will make it difficult for her to compete in a competitive job market.
Applying the above statutory provision to this scenario, do you believe Ms. Twain's condition meets the requirements of being both "severe" and "prolonged"? Explain showing the application of the above-mentioned provision to this scenario.
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