Appeal Dismissed: Claimant Misses One-Year Deadline

OUTCOME: Dismissed

Citation: PH  v  [RESPONDENT] and [NAME] , 2026  [NAME]  318 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: [redacted] Respondent: [redacted] [RESPONDENT] and [NAME] reconsideration decision dated December 23, 2024, (issued by Service Canada) Tribunal member: [NAME] date: April 26, 2026 File number: GP-26-782 On this page Decision Overview What I have to decide Reasons for my decision Conclusion Decision [ 1 ] The appeal won’t go ahead. This decision explains why. Overview [ 2 ] The Appellant applied for a disability pension on December 19, 2023. The [RESPONDENT] and [NAME] (Minister) refused his application. He asked it to reconsider. On December 23, 2024, the Minister reconsidered its decision and refused the application again. [ 3 ] The Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on March 23, 2026. 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. What the law says [ 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 [ 7 ] If the appellant appeals after the deadline, the Tribunal can give them more time (accept the late appeal). But in no case can the 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 [ 8 ] I find that the Appellant’s appeal was more than one year late. The Minister told the Appellant about its decision on December 23, 2024 [ 9 ] The Minister told the Appellant about its reconsideration decision on December 23, 2024. The Appellant confirmed this date in his Notice of Appeal. Footnote 3 The Appellant had to appeal by December 23, 2025 [ 10 ] The Appellant had until December 23, 2025, to appeal to the Tribunal. [ 11 ] The Appellant appealed on March 23, 2026. [ 12 ] 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 [ 13 ] The Appellant appealed more than one year after the Minister told him about its decision. [ 14 ] This means the appeal won’t go ahead. Footnotes Footnote 1 See section 52(1) of the Department of [RESPONDENT] and [NAME] ( DESD  Act). Return to footnote 1 referrer Footnote 2 See section 52(2) of the DESD  Act. Return to footnote 2 referrer Footnote 3 See GD1-5. Return to footnote 3 referrer