J. F. v. Minister of Employment and Social Development

J. F. v. Minister of Employment and Social Development Collection Old Age Security (OAS) and Guaranteed Income Supplement (GIS) Decision date 2019-09-25 Neutral citation 2019 SST 1637 Reference number GP-18-1972 Member Antoinette Cardillo Division General Division Decision Appeal dismissed Related decisions SST - JF v Minister of Employment and Social Development - 2020 SST 1059 - 2020-12-17 - Appeal Division SST - JF v Minister of Employment and Social Development - 2020 SST 1060 - 2020-08-19 - General Division SST - JF v Minister of Employment and Social Development - 2020 SST 384 - 2020-05-01 - Appeal Division Decision Content On this page Decision Introduction Issue The law Appellant’s submissions/evidence Analysis Conclusion Decision The appeal was not filed on time and, therefore, will not proceed. Introduction [1] The Respondent denied the Appellant’s initial claim for benefits and refused his reconsideration request on September 14, 2016. The Appellant appealed that decision to the Social Security Tribunal (Tribunal) on August 27, 2018. Issue [2] I must determine whether the appeal was filed on time. The law [3] Under section 52(2) of the Department of Employment and Social Development Act (Act), the Tribunal’s General Division may allow further time within which an appeal may be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant. Appellant’s submissions/evidence [4] The Appellant indicated in his first appeal that he was not aware of the reconsideration decision. He also indicated that he had a representative who handled his Old Age Security file. According to the evidence on the file, the reconsideration decision is dated September 14, 2016. In his second appeal, he explained his precarious financial situation and his need for Old Age Security benefits. Analysis [5] I presume that the reconsideration decision was sent to the Appellant by mail. I take judicial notice of the fact that mail in Canada is usually received within 10 days. I therefore find that the reconsideration decision was communicated to the Appellant by September 24, 2016. [6] This means that the Appellant filed an appeal to the Tribunal’s General Division for the first time on August 27, 2018—that is, more than one year after the day on which the decision was communicated to him. His second appeal is date-stamped August 6, 2019. I must apply section 52(2) of the Act, which clearly states that the General Division may allow further time within which an appeal may be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant. Conclusion [7] The appeal to the Tribunal’s General Division was not filed on time and, therefore, cannot proceed.