Canada Pension Plan (CPP) disability

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:

1. a) Was the Claimant’s application for leave to appeal (application) to the Appeal Division late?
2. 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.