90 day reconsideration issues


#1

Wondering when the clock starts ticking re the 90 day time limit.
If there is a delay in Service Canada sending the confirmation letter, or it gets lost in the mail, can they start the clock based upon when they gave verbal confirmation? Thanks!


#2

The clock starts from the day you “Receive” the letter. They will assume you received it no later than a week after the date on the letter, unless you can prove otherwise.

If it was mailed and you got it late due to post office delays, or negligence on part of Service Canada, then you can get permission to appeal beyond the 90 days. If the reason for delay was negligence on your part, not checking the mail, moving and not giving them new address, etc, then likely an extension will not be granted.

The longer you are past the 90 days the harder it becomes to be granted an extension. We had had many fights with Service Canada over this issue and have won exptensions and lost extensions. If you lose the extension, you have to start over with a new application.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#3

Thank you so much for the response, David, much appreciated, we got it in by the skin of our teeth and now we wait …
Thanks again.