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SST Appeal — Income Security: CPP & OAS Grounds (Canada)

When Service Canada maintains a refusal on reconsideration — a CPP disability pension, a retirement or survivor benefit, an Old Age Security pension or the Guaranteed Income Supplement — the next step is the Social Security Tribunal of Canada. You have 90 days, and an absolute outer limit of one year that no argument can reopen. Our Canadian template builds the grounds document for that appeal: the legal test matched to your benefit, a point-by-point rebuttal of the reconsideration decision, a dated evidence schedule, your hearing-format and accommodation requests, and the Appeal Division route mapped if you need to go further.

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Notice of Appeal — Social Security Tribunal
Income Security Appeal Under Section 52 Of The Department Of Employment And Social Development Act · June 10, 2026
Hélène M. Tremblay
410 Princess Street, Kingston ON K7L 1B9
+1 (613) 555-0156
helene.tremblay@email.ca
June 10, 2026
Social Security Tribunal — General Division (Income Security)
Social Security Tribunal of Canada
General Division — Income Security
[Filed with the Notice of Appeal — Income Security form]
NOTICE OF APPEAL — INCOME SECURITY
Reconsideration decision dated April 8, 2026 · Ref: SC-REC-2026-901447
Dear Members of the Tribunal,

I appeal to the General Division (Income Security) of the Social Security Tribunal against the reconsideration decision dated April 8, 2026 concerning my Canada Pension Plan disability benefit. This document sets out my grounds of appeal and the evidence I rely on, and accompanies the Notice of Appeal — Income Security filed in the form the Tribunal requires.
1.
APPELLANT DETAILS
Full name: Hélène M. Tremblay
Social Insurance Number: 123-456-789
Address: 410 Princess Street, Kingston ON K7L 1B9
Telephone: +1 (613) 555-0156
Email: helene.tremblay@email.ca
2.
THE RECONSIDERATION DECISION UNDER APPEAL
Benefit: Canada Pension Plan disability benefit
Date of the reconsideration decision: April 8, 2026
Reference on the decision letter: SC-REC-2026-901447
Stage completed: reconsideration — the statutory precondition to this appeal.
If the decision was communicated on its date, the 90-day period to appeal runs to on or about July 7, 2026, and the absolute one-year limit expires on or about April 8, 2027.
3.
APPEAL BROUGHT IN TIME
Under section 52 of the Department of Employment and Social Development Act, an appeal of a decision made under the Canada Pension Plan or the Old Age Security Act must be brought to the General Division within 90 days after the day the reconsideration decision is communicated. The General Division may allow further time, but in no case may an appeal be brought more than one year after the day the decision is communicated. This appeal is brought within the 90-day period. There is no fee to appeal.
4.
OUTCOME SOUGHT
I respectfully ask the Tribunal to allow the appeal and find that the benefit is payable. I understand the General Division decides the matter afresh on the evidence before it, and I ask that the grounds, schedule and submissions in this document be read with the Notice of Appeal.
5.
GROUNDS OF APPEAL — SUMMARY
The reconsideration decision maintains that my disability is not severe because I "retain sedentary capacity". It reaches that view without addressing my rheumatologist’s February 2026 report, my failed return-to-work attempt, or the combined effect of inflammatory arthritis and medication fatigue. Applied to the real person — 58 years old, French-first, thirty years on a production line — the statutory test is met.
6.
GROUNDS OF APPEAL — FRAMEWORK
The appeal concerns a Canada Pension Plan disability benefit. Under paragraph 42(2)(a) of the Canada Pension Plan, a disability qualifies where it is severe — the person is "incapable regularly of pursuing any substantially gainful occupation" — and prolonged — "likely to be long continued and of indefinite duration or is likely to result in death". The Federal Court of Appeal requires that test to be applied in a real-world context: age, education level, language proficiency and past work and life experience all bear on whether the actual person can regularly pursue substantially gainful work (Villani v Canada (AG), 2001 FCA 248). The Tribunal hears this question afresh — and on the evidence scheduled below, the statutory test is met.

The correct outcome: I am incapable regularly of pursuing any substantially gainful occupation; the disability is severe and prolonged within paragraph 42(2)(a), and the disability pension is payable.

Grounds in detail: Inflammatory arthritis affects my hands, wrists and knees; flare-ups lasting two to four days arrive without warning several times a month. Methotrexate controls the progression but causes day-long fatigue after each weekly dose. The reconsideration decision treats "sedentary capacity" as the end of the analysis — but sedentary work requires sustained keyboard use, sustained attention and predictable attendance, all three of which the medical record rules out. My rheumatologist’s report of February 9, 2026 states that the condition is permanent, progressive and already at the limit of tolerated medication.

Severe and prolonged, on the facts: Severe: my hands cannot sustain fine motor work for more than a few minutes; flare-ups and post-dose fatigue remove two to three days in a typical week; no employer receives regular service on those terms. Prolonged: the diagnosis is a progressive autoimmune condition, present for six years, with my specialist confirming no prospect of functional recovery. At 58, with French as my first language, a Grade 12 education and thirty years of production-line work, the real-world factors in Villani close the door the decision left theoretically open.
7.
REBUTTAL OF THE RECONSIDERATION DECISION
The reconsideration decision will be before the Tribunal. Its findings are answered point by point:
1. The decision finds: The appellant retains capacity for sedentary work. — Answer: Sedentary work requires sustained fine motor use of the hands — precisely what inflammatory arthritis removes; the decision never confronts that. Shown by: Rheumatologist report of February 9, 2026 (item 1).
2. The decision finds: Treatment is effective and the condition is managed. — Answer: Methotrexate slows progression but causes a full day of fatigue each week and has reached the maximum tolerated dose. Shown by: Medication record and specialist note (items 2 and 3).
3. The decision finds: The appellant has not shown work attempts. — Answer: I attempted a part-time administrative role in January 2026 and could not continue past two weeks because of hand pain and fatigue. Shown by: Letter from Lakeview Office Services confirming the attempt (item 4).
Evidence the decision did not weigh: The February 9, 2026 rheumatologist report — the most recent specialist evidence on file — is not referred to anywhere in the reconsideration decision.
Facts the decision-maker did not have: Since the decision, my dose schedule has been increased to weekly with folate rescue, and the post-dose fatigue now affects two days rather than one — confirmed in the May 2026 clinic note filed with this appeal.
8.
EVIDENCE AND HEARING
The appeal is decided afresh on the evidence, and the following records are filed in support of the grounds above:
1. Rheumatologist report — Dr. A. Fontaine (dated February 9, 2026) — permanent, progressive inflammatory arthritis; no prospect of functional recovery
2. Medication record with dose history (dated 2024 to 2026) — maximum tolerated methotrexate dose and weekly post-dose fatigue
3. Letter from Lakeview Office Services (dated February 2, 2026) — the failed two-week attempt at part-time administrative work
4. Clinic note on increased dosing (dated May 14, 2026) — fatigue now affects two days a week — the condition is worsening, not managed Further documents will be filed within the Tribunal’s document deadlines as they are obtained.
Hearing format requested: I ask that the hearing be held by videoconference, and I understand the format can be adjusted with the Tribunal if circumstances change.
Access and accommodation: I ask that the hearing be conducted in French, and that afternoon sittings be avoided because post-dose fatigue is worst after midday.
9.
NEXT STEP — APPEAL DIVISION
If the General Division dismisses this appeal in whole or in part, I intend to seek permission (leave) to appeal to the Appeal Division of the Social Security Tribunal, which on the Income Security route hears granted appeals afresh and can receive new evidence. I therefore ask that the General Division’s decision address each ground above expressly, and that the record be maintained in a form that supports that further step.
10.
ACKNOWLEDGEMENT AND DIRECTIONS
Please acknowledge receipt of this appeal in writing, confirm the date it was received, and provide the file number assigned to it. I ask to receive the reconsideration file and the Minister’s documents as the Tribunal’s process provides, and to be notified of all deadlines and of the hearing date in good time. All my rights are reserved, including the application for leave to appeal to the Appeal Division.
YOURS TRULY,
Hélène M. Tremblay
Appellant
Date: ____________________
APPELLANT
Hélène M. Tremblay
Date: ____________________

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What Is an SST Income Security Appeal?

The <strong>Social Security Tribunal — General Division (Income Security)</strong> is the independent tribunal that hears appeals about Canada Pension Plan and Old Age Security benefits: CPP disability, CPP retirement and survivor benefits, the OAS pension and the Guaranteed Income Supplement. You can appeal only after Service Canada has issued a <strong>reconsideration decision</strong> — reconsideration under CPP s.81 or OAS Act s.27.1 is the statutory precondition. The appeal is started with the Tribunal’s "Notice of Appeal — Income Security" form, it is free, and the Tribunal decides the matter <strong>afresh</strong>: new evidence is admissible and the member is not limited to the file Service Canada built.

Two deadlines control everything. Under <strong>section 52 of the Department of Employment and Social Development Act</strong>, the appeal must be brought within <strong>90 days</strong> of the day the reconsideration decision was communicated. The General Division can allow further time on a reasonable explanation — but "in no case may an appeal be brought more than <strong>one year</strong> after the day on which the decision is communicated". The one-year bar is absolute: Canadian case law confirms there is no discretion beyond it, however deserving the case. Diarize both dates the day the reconsideration decision arrives.

What wins at the Tribunal is the same thing that should have won at reconsideration, properly framed: the statutory test for your benefit, answered with evidence. CPP disability turns on "severe and prolonged" read through the real-world Villani factors; retirement and survivor amounts on the contribution record year by year; OAS on years of residence in Canada after 18 — each disputed year is a fortieth of the pension, for life; GIS on the annual income calculation. The member also reads the reconsideration decision before hearing you — findings left unanswered tend to be adopted, which is why a point-by-point rebuttal does more work than any other page you file. One scope note: since April 2026, Employment Insurance appeals go to the separate EI Board of Appeal — the Tribunal’s Income Security line is for CPP and OAS matters.

What's Covered in This Template

The document follows the order a Tribunal member works through — the decision under appeal, the deadlines, the benefit test, the rebuttal, the evidence, the hearing — and adapts to the benefit you are fighting for.

Benefit-Type Grounds

Choose CPP disability, CPP retirement or survivor, OAS pension or GIS — the framework clause writes the matching legal test around your facts.

Two-Clock Deadline Tracking

Calculates the indicative end of your 90-day window and the absolute one-year bar from the reconsideration decision date — the two dates that decide whether you are heard at all.

Severe & Prolonged (CPP-D)

For disability appeals: both statutory limbs in their own words, argued through the real-world Villani factors — age, education, language, work history.

Residence by Fortieths (OAS)

For OAS appeals: the disputed residence years identified, with the ties that prove them — because every year is a fortieth of the pension, payable for life.

Income Calculation (GIS)

For Supplement appeals: each income item treated wrongly, the year it actually belongs to, and the estimate option after a loss of income.

Reconsideration Rebuttal

The member reads the reconsideration decision first — this section answers its findings point by point, with the document that disproves each one.

Evidence Schedule

A numbered, dated list of what you file — specialist reports, records of earnings, leases — with the Tribunal’s document windows used to keep building the record.

Hearing & Accommodation

Videoconference, teleconference, written questions and answers, or in person — your choice on record, with language and accessibility needs requested in advance.

Appeal Division Positioning

Puts on record that a dismissal will go to a leave-to-appeal application at the SST Appeal Division — which hears granted Income Security appeals afresh.

How to Create Your SST Appeal Grounds

Five steps from reconsideration decision to filed appeal.

  1. 1

    Find the Reconsideration Decision

    You need its date and reference. Two clocks start when it is communicated: 90 days, and the absolute one-year limit.

  2. 2

    Pick Your Benefit Line

    CPP disability, CPP retirement or survivor, OAS or GIS — each is decided on a different statutory test, and the template adapts.

  3. 3

    Build the Framework (Expert)

    State the correct outcome and work through your benefit’s test — severe and prolonged, the contribution record, the residence years, or the income calculation.

  4. 4

    Answer the Decision and File the Evidence (Expert)

    Rebut each finding with the document that disproves it, schedule your evidence, and set your hearing format and accommodations.

  5. 5

    File Within 90 Days

    Submit the Tribunal’s Notice of Appeal — Income Security form from sst-tss.gc.ca with this grounds document and your reconsideration decision. Keep dated proof of filing — it is free.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

Country-specific legal content

Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

Always current

Always current with the law

Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

Free PDF

Print-ready PDF

Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

Word · .docx

Editable Word (.docx)

Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations

Income Security appeals run on statute — DESDA deadlines, CPP and OAS tests — and the Tribunal applies them afresh.

This template provides general information for Canadian appellants and is not legal advice. Community legal clinics and pro bono programs across Canada assist with Tribunal appeals; for complex files — credit splits, international agreements, estate appeals — get advice before the hearing. Quebec Pension Plan decisions follow Retraite Québec’s separate process, not the Tribunal.

Reviewed for Canadian pension law

Deadlines — DESDA s.52

An appeal of a decision made under the Canada Pension Plan or the Old Age Security Act must be brought to the General Division within 90 days after the day the reconsideration decision is communicated. The Tribunal may allow further time — weighing the explanation, the intention to appeal, the arguable case and prejudice — but in no case more than one year after the decision was communicated (DESDA, s.52(2)). The one-year limit is jurisdictional: past it, the Tribunal cannot hear the appeal at all.

A Fresh Decision, Not a Review

The General Division decides your entitlement afresh on the evidence before it — new medical reports, new records, witnesses. For CPP disability appeals the Tribunal gives you up to eight months to file documents, with the Minister responding and you replying. That structure rewards appellants who keep building the record after filing, and the template’s evidence schedule is designed to grow with it.

The Tests by Benefit

CPP disability: severe and prolonged under s.42(2)(a), applied to the real person (Villani v Canada (AG), 2001 FCA 248), with failed work attempts weighed under Inclima. CPP retirement and survivor: the record of earnings and the statutory calculation. OAS: years of residence in Canada after age 18 — residence as a question of fact, with partial pensions accruing by fortieths. GIS: the annual income calculation under the Old Age Security Act, including the option to use estimated current income after a pension or employment income ends.

EI Is a Different Door

Since 1 April 2026, Employment Insurance appeals are heard by the Employment Insurance Board of Appeal — the Tribunal’s General Division no longer takes new EI files. CPP and OAS appeals remain with the Social Security Tribunal, unchanged. If your dispute is about EI, start with our EI request for reconsideration and EI Board of Appeal notice templates; if it is about a CPP disability refusal that has not yet been reconsidered, our CPP disability reconsideration template comes first — the Tribunal cannot hear a claim that skipped reconsideration.

After the General Division

A dissatisfied party applies for permission (leave) to appeal to the Tribunal’s Appeal Division; where leave is granted on the Income Security route, the Appeal Division hears the matter afresh and can receive new evidence. Time limits apply to the leave application, so diarize the General Division decision date. For tax-side disputes that often travel with benefit files — a reassessment of benefit income, or CRA collection of an overpayment — see our CRA notice of objection and CRA payment arrangement request templates.

Frequently Asked Questions

Ninety Days, One Year, One Document That Does the Work

Create your SST Income Security grounds in minutes: the legal test for your benefit, the rebuttal of the reconsideration decision, a dated evidence schedule and your hearing requests, in formal Canadian format. Download the PDF free, or unlock Expert for the full framework, rebuttal and evidence sections.

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