Appeal Dismissed Due to Being Out of Time - CPP Disability

Citation: GP  v  [NAME] , 2026  [NAME]  129 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: [redacted] Respondent: [redacted] Decision under appeal: [NAME] reconsideration decision dated September 21, 2023 (issued by Service Canada) Tribunal member: [NAME] Decision date: January 12, 2026 File number: GP-25-1797 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 [NAME] ( [NAME] ) disability pension on June 7, 2022. The [NAME] (Minister) refused his application. He asked it to reconsider. On September 21, 2023, the Minister reconsidered its decision and refused the application again. [ 3 ] The Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on November 21, 2025. 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 by October 1, 2023 [ 9 ] The Minister’s reconsideration decision letter is dated September 21, 2023. Footnote 3 The Appellant said that he first received the decision letter about a week after it was mailed. Footnote 4 [NAME] usually delivers mail within 10 days in Canada. It is reasonable to believe that this is what happened here. So, I find that the Appellant would have been told about the decision by October 1, 2023. The Appellant had to appeal by October 1, 2024 [ 10 ] The Appellant had until October 1, 2024, to appeal to the Tribunal. [ 11 ] The Appellant appealed on November 21, 2025. Footnote 5 He wasn’t aware of the appeal process until a phone call with Service Canada on November 7, 2025. Footnote 6 [ 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 Employment and Social Development Act ( 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 GD2-56 to 58. Return to footnote 3 referrer Footnote 4 See GD5-1. Return to footnote 4 referrer Footnote 5 See GD1. Return to footnote 5 referrer Footnote 6 See GD5-4. Return to footnote 6 referrer