Canada Pension Plan (CPP) disability

Reasons and decision

Introduction

[1] The Respondent denied the Appellant’s application for benefits at the initial level and on September 30, 2020 denied the application at the reconsideration level. The Appellant appealed that decision to the Social Security Tribunal (Tribunal) on December 12, 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’s counsel says they filed an appeal by mail on January 31, 2021. They didn’t receive any correspondence regarding the appeal, so they contacted the Tribunal on September 1, 2022. The Tribunal advised that they had no record of an appeal. So, counsel refiled the notice of appeal by email on September 2, 2022, and then again on December 12, 2022.

Analysis

[5] The Tribunal finds that the Respondent’s reconsideration decision was communicated to the Appellant on January 24, 2021. This is based on the notice of appeal in which the Appellant says that is when she received the decision.^{Footnote 1}

[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.

Conclusion

[7] The appeal to the General Division of the Tribunal was not brought in time and therefore will not proceed. Anita Nathan Member, General Division – Income Security