Citation: MR v Minister of Employment and Social Development, 2022 SST 657
Tribunal File Number: GP-22-206
BETWEEN
M. R.
Appellant
and
Minister of Employment and Social Development
Respondent
SOCIAL SECURITY TRIBUNAL DECISION
General Division – Income Security
| DECISION BY: | François Guérin |
| DATE OF DECISION: | April 19, 2022 |
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Reasons and Decisions
Introduction
[1] The Respondent denied the Appellant’s application for benefits at the initial level and on April 24, 2013 denied the application at the reconsideration level. The Appellant appealed that decision to the Social Security Tribunal (Tribunal) on January 17, 2022.
Issue
[2] The Tribunal must decide whether the appeal was brought in time.
The Law
[3] Under subsection 52(2) of the Department of Employment and Social Development Act (DESD Act), in no case may an appeal be brought to the General Division of the Tribunal more than one year after the day on which the Respondent’s reconsideration decision was communicated to the Appellant.
Appellant’s submissions/evidence
[4] The Appellant submitted that she does not remember when she received the reconsideration decision.Footnote 1 She submitted that her husband walked away and that she ended up in housing with her child. She submitted that she was denied legal aid and could not get the help needed for submitting the documents and was not given the proper process to follow up.Footnote 2
Analysis
[5] The Minister’s reconsideration decision is dated April 24, 2013.Footnote 3 The Tribunal assumes that the reconsideration decision was sent to the Appellant by mail. The Tribunal takes judicial notice that mail in Canada is usually received within 10 days. The Tribunal therefore finds that the reconsideration decision was communicated to the Appellant by Monday, May 6, 2013, as May 4, 2013 is a Saturday.
[6] In accordance with paragraph 52(1)(b) of the DESD Act, the Appellant had until Monday, August 5, 2013 to file an appeal, as August 4, 2013 was a Sunday.
[7] The Appellant filed an Appeal on January 17, 2022, outside the 90-day limit.
[8] The Tribunal finds that the Appellant brought the appeal to the General Division of the Tribunal more than one year after the decision was communicated to the Appellant. The Tribunal must apply subsection 52(2) of the DESD Act which clearly states that in no case may an appeal be brought more than one year after the reconsideration decision was communicated to the Appellant.
Conclusion
[9] The appeal to the General Division of the Tribunal was not brought in time and therefore will not proceed.