Citation: SE v Minister of Employment and Social Development, 2022 SST 444
Social Security Tribunal of Canada
Appeal Division
Extension of Time and Leave to Appeal Decision
Applicant (Claimant): | S.E. |
Respondent: | Minister of Employment and Social Development |
Decision under appeal: | General Division decision dated December 24, 2020 (GP-20-827) |
Tribunal member: | Kate Sellar |
Decision date: | May 30, 2022 |
File number: | AD-22-294 |
On this page
Decision
[1] I am refusing the Claimant an extension of time to apply for leave (permission) to appeal. The appeal will not proceed.
Overview
[2] S. E. (Claimant) applied for a Canada Pension Plan (CPP) disability pension. The Minister of Employment and Social Development Canada (Minister) refused the application initially and on reconsideration.
[3] The Claimant appealed to this Tribunal. On December 24, 2020, the General Division decided that the Claimant was not eligible for a disability pension.
[4] The Claimant requests leave to appeal the General Division’s decision. I must decide whether the Claimant is eligible for an extension of time to appeal.
[5] The Claimant is more than one year late, and I cannot extend the time to appeal. The appeal will not go ahead.
Issues
[6] The issues in this appeal are as follows:
- a) Was the Claimant’s application for leave to appeal (application) to the Appeal Division late?
- b) If so, can I extend the time for filing the application?
Analysis
The application is late
[7] The General Division wrote a decision on December 24, 2020, stating that the Claimant was not entitled to the disability pension. The Claimant says he received the General Division’s decision on December 24, 2020.Footnote 1 He requested leave to appeal on May 19, 2022.Footnote 2
[8] When a Claimant files an application for leave to appeal more than 90 days after the day the Tribunal communicates the General Division decision, the application is late.Footnote 3
I can’t extend the time for filing the application
[9] I don’t have the power to grant an extension of time for the Claimant’s late application.
[10] The lawsays that an application cannot proceed for any reason if the Claimant files it more than one year after the Tribunal communicates the General Division decision.Footnote 4
[11] The Claimant is more than one year late in asking for leave to appeal. The Claimant explained that he was late because of his disabilities. However, I can’t consider that explanation. The Claimant is more than one year late. When Claimants pass that one-year mark, I cannot allow the application to proceed for any reason.
Conclusion
[12] I am refusing the Claimant an extension of time. This means that the appeal will not go ahead.