Canada Pension Plan (CPP) disability

Decision

[1] The appeal won’t go ahead. This decision explains why.

Overview

[2] The Appellant applied for a Canada Pension Plan (CPP) disability pension in October 2021. The Minister of Employment and Social Development (Minister) refused his application. He asked it to reconsider. On May 27, 2022, the Minister reconsidered its decision and refused the application again.

[3] The Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on October 23, 2023.

What I have to decide

[4] I have to decide whether the Appellant appealed in time.

Reasons for my decision

[5] The appeal won’t go ahead because the Appellant didn’t appeal to the Tribunal in time. Here are the reasons for my decision.

[6] If an appellant disagrees with the Minister’s reconsideration decision, they have to appeal to the Tribunal within 90 days after the Minister told them about the decision.^{Footnote 1} If they appeal after 90 days, the Tribunal can give them more time (accept the late appeal). But in no case can an appellant appeal a reconsideration decision more than one year after the Minister told them about it.^{Footnote 2}

The Appellant’s appeal was more than one year late

[7] I find that the Appellant’s appeal was more than one year late.

The Minister told the Appellant about its decision by June 3, 2022

[8] The Minister told the Appellant about its reconsideration decision by June 3, 2022.

[9] The Appellant said that he received the reconsideration decision on May 27, 2022.^{Footnote 3} That is unlikely, since the decision was mailed from Chatham, Ontario, to the Appellant in X, Ontario. I find that he received the reconsideration decision by June 3, 2022.

[10] Based on what the Appellant said about when he received the decision, it is likely that he received it on a date that was close to May 27, 2022. Canada Post estimates that it delivers regular letters in four days nationally, and in three days within a province, not including the mailing date.^{Footnote 4}

[11] In this case, the letter was mailed on a Friday. Allowing for the weekend and a few days delay, it is reasonable to conclude that the Appellant received it by the following Friday, which was June 3, 2022.

The Appellant had to appeal by June 3, 2023

[12] The Appellant had until June 3, 2023, to appeal to the Tribunal. He appealed on October 23, 2023.

[13] I recognize that the Appellant has health issues that caused him to miss the deadline. But the Tribunal doesn’t have equitable jurisdiction. This means I can’t allow the appeal to go ahead because I think it would be fair, or because I want to help the Appellant in difficult circumstances. I have to follow the law.

Conclusion

[14] The Appellant appealed more than one year after the Minister told him about its decision.

[15] This means the appeal won’t go ahead.