Benefits & Social Security
Benefits & Social Security judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
CPP Disability Pension Appeal Dismissed Due to Insufficient Medical Evidence
Claimant Granted Extension to File Appeal but Leave Denied
Federal Court Partially Grants Judicial Review for CERB and CRB Benefits
A person applied to the Federal Court for judicial review of decisions denying their eligibility for government benefits during the pandemic. The court ruled that they were not eligible for one benefit (CERB) because they voluntarily quit their job but found another decision (CRB) unreasonable and sent it back for reconsideration.
Penalty Imposition and Employment Insurance Act Decision
The Social Security Tribunal partially allowed an appeal regarding the imposition of a penalty and section 52 of the Employment Insurance Act. The case was remanded to address these specific issues.
Federal Court Grants CRB Eligibility Claim, Denies CERB
Accident Benefits Claim Dismissed for Being Out of Time
Social Security Tribunal Rejects Appeal for CPP Disability Pension
Late Reconsideration Request Sent Back to Board of Appeal Due to Legal Error
Federal Court Allows Judicial Review of CRA CERB Decision
Federal Court Allows CERB Eligibility Dispute
A court ruled in favour of a worker who challenged a decision made by the Canada Revenue Agency regarding eligibility for the Canada Emergency Response Benefit (CERB). The judge allowed the case to proceed with video testimony from abroad and sent it back to be reviewed again by another a person.
Eligibility for Employment Insurance Benefits Denied Due to Insufficient Job Seeking Efforts
Social Security Tribunal Allows Appeal on CPP Disability Pension Reconsideration
The Social Security Tribunal allowed an appeal regarding a request for reconsideration of a CPP Disability Pension. The Appellant initially requested reconsideration over a year after receiving the initial decision, which was considered late. However, the Tribunal found the Minister's refusal to reconsider was unjustified, leading to the appeal's allowance.
Credit Split Appeal Denied: Late Submission and Lack of New Evidence
Appeal Division Rules Claimant Not Entitled to EI Benefits Due to Job Search Efforts
The Appeal Division ruled that a person seeking Employment Insurance (a person) benefits must show they are available for work and have made reasonable efforts to find suitable employment. The claimant was found not to meet these requirements, leading to her disentitlement from a person benefits.
Social Security Tribunal Upholds Employment Insurance Reconsideration
Social Security Tribunal Overturns Benefit Reconsideration Decision
The Social Security Tribunal of Canada overturned a decision by the General Division, ruling that the Commission did not act judicially in reconsidering the claimant's benefit claim. The Tribunal found that the Commission failed to properly assess the claimant's situation and did not follow proper procedures.
Social Security Tribunal Allows CPP Disability Pension Appeal
A person who applied for a person disability benefits and whose application was denied can ask the Minister to reconsider their decision within 90 days. If they miss this deadline, they must show a reasonable explanation and that their request has merit. In this case, the Social Security Tribunal allowed the appeal because the Minister did not follow proper procedures in refusing reconsideration.
Claimant Wins Appeal on Employment Insurance Benefit Reconsideration
In this case, the Appeal Division allowed the claimant's appeal against a decision by the a person Division regarding Employment Insurance benefits. The Appeal Division found that the a person Division made errors in not assessing whether the Commission had acted judicially when reconsidering the benefit claim and ignoring the issue of imposing a non-monetary penalty.
Social Security Tribunal Corrects Legal Error in Employment Insurance Benefits
Claimant Granted Time Extension But Denied Permission To Appeal CPP Decision
The claimant applied for an extension of time to appeal a decision denying survivor's pension and child’s benefit under the a person (a person). The application was a person, but an extension was granted due to reasonable explanation. However, permission to appeal was denied as no arguable case or new evidence was presented.