Citation: JB v Minister of Employment and Social Development, 2021 SST 666
Tribunal File Number: GP-21-987
BETWEEN:
J. B.
Appellant
and
Minister of Employment and Social Development
Respondent
SOCIAL SECURITY TRIBUNAL DECISION
General Division – Income Security
| DECISION BY: | Adam Picotte |
| DATE OF DECISION: | June 18, 2021 |
On this page
Reasons and decision
Introduction
[1] The Respondent allowed the Appellant’s application for benefits at the initial level in September 2016. The Appellant appealed that decision to the Social Security Tribunal (Tribunal) seeking a greater period of retroactivity on April 26, 2021.
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 Claimant’s representative asserted that the Claimant suffered from incapacity and therefore was late in appealing the decision.
Analysis
[5] The Tribunal finds that the Respondent’s reconsideration decision was communicated to the Appellant in September 2016. This was when the Claimant was approved for CPP disability benefits.
[6] 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.
[7] In 2019 SST 521, the Appeal Division considered whether incapacity could be relied upon to grant relief to a late filing beyond 365 days in length. The appeal division found that any such considerations are irrelevant and that the DESDA does not allow for any such consideration.
[8] I have arrived at the same conclusion and have determined that the appeal must be dismissed.
Conclusion
[9] The appeal to the General Division of the Tribunal was not brought in time and therefore will not proceed.