JD v Minister of Employment and Social Development

JD v Minister of Employment and Social Development Collection Canada Pension Plan (CPP) disability Decision date 2023-11-02 Neutral citation 2023 SST 1440 Reference number AD-23-932 Member Kate Sellar Division Appeal Division Decision Extension of time to file an application refused Related decisions SST - JD v Minister of Employment and Social Development - 2019 SST 1766 - 2019-07-17 - General Division Subjects Appeal Division - Leave to appeal - No grounds of appeal CPP - Disability Late appeals - Over one year Decision Content Citation: JD v Minister of Employment and Social Development, 2023 SST 1440 Social Security Tribunal of Canada Appeal Division Extension of Time and Leave to Appeal Decision Applicant: J. D. Representative: K. D. Respondent: Minister of Employment and Social Development Decision under appeal: General Division decision dated July 17, 2019 (GP-19-236) Tribunal member: Kate Sellar Decision date: November 2, 2023 File number: AD-23-932 On this page Decision Overview Issues Analysis Conclusion Decision [1] I’m refusing an extension of time to apply to the Appeal Division. This means that the appeal will not go ahead. These are the reasons for my decision. Overview [2] J. D. (Claimant) applied for a Canada Pension Plan (CPP) disability pension in February 2018. The Minister of Employment and Social Development (Minister) refused the application initially and on reconsideration. [3] The Claimant appealed to this Tribunal. The General Division issued a decision dismissing the Claimant’s appeal on July 17, 2019. The General Division decided that there was some evidence of capacity for work, so the Claimant needed to show that efforts to get and keep work were unsuccessful because of her disability. [4] The Claimant asks for permission to appeal the General Division decision. Issues [5] The issues in this appeal are: a) Was the application to the Appeal Division late? b) If so, can I extend the time for filing the application? Analysis The application was late [6] The General Division decision is dated July 17, 2019. The Claimant confirms she received the decision from the General Division that same day.Footnote 1 The Claimant appealed the General Division decision on October 5, 2023. [7] Claimants have 90 days after the General Division communicates its decision to file an application at the Appeal Division.Footnote 2 [8] The Claimant’s application is late. I cannot extend the time for filing the application [9] The Claimant’s application to the Appeal Division was filed more than a year after the General Division communicated its decision. In no case can the Appeal Division go ahead with an application that is filed more than a year after the General Division communicates its decision.Footnote 3 [10] I must follow the requirements in the law. The law does not allow me to proceed with an application to the Appeal Division that is more than a year late. This application is too late to proceed to the next step. Conclusion [11] I cannot give the Claimant more time to appeal because she is more than a year late. This means that the appeal will not go ahead. Footnotes Footnote 1 See AD1-2. Footnote 2 See section 57(1)(b) in the Department of Employment and Social Development Act (Act). Footnote 3 See section 57(2) of the Act.