By Phil Roeder from Des Moines, IA, USA (Black & White Justice) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

Re-opening a Denied CPP Claim

Reopening a CPP hearing because of New Facts

The production of new facts is made at the same level of the adjudicative process as the denial of benefits. Section 84(2) of the Pension Act, permits new facts to be filed after a prior adverse decision has been rendered against the applicant’s case.

All three levels of the CPP Adjudicative process are subject to an application to reopen a hearing based on new facts.  The three levels are:

The application for a rehearing constitutes a new proceeding called a ”review” The leading case in this area has defined a two part test to determine the admissibility of new facts: 1. The evidence sought to be introduced must not have been discoverable before the original hearing by the exercise of reasonable diligence; 2. Such evidence if admitted would be practicably conclusive (or alternatively) at least would have an important influence on the results of the case, although it need not be decisive.

Onerous Test for a New Hearing

The tests for admitting new facts are very onerous. The trier of fact will not wish to accept rehashed evidence being presented as new facts. New information presented must change or add new information upon which the earlier decision was made. If this is not done the Judge during the application cannot make a new determination and the review application must be denied.

Procedure To Bring An Application To Reopen On Fresh Evidence

The way to bring an application to reopen is by way of application, filed at the level of the CPP adjucative process that first denied the applicants application, with supporting affidavit and material attached. These documents should be served in advance upon the Minister.

Have you applied to receive CPP Disability Benefits and been denied? Our Lawyers Can Help!

Has your CPP Claim for Disability Benefits been turned-down? Are you overwhelmed with all the government paperwork and red tape?  Do not despair. Our CPP Disability Benefits Benefits Lawyer can help you with:

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