Background:
- Linda Bartlett (Applicant) applied for judicial review of the Social Security Tribunal of Canada's Appeal Division decision.
- The decision involved denying her leave to appeal the General Division's decision related to the calculation of her survivor’s pension.
Key Points:
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Earlier Proceedings:
- The Applicant has been advocating for disability and pension benefits since 1977.
- She was granted a disability pension in 2001, with retroactive payments to 1978.
- Upon turning 65 in 2012, her disability pension was converted to a retirement pension, which she disputed.
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General Division's Reconsideration Decision:
- The General Division, on reconsideration, supported the Minister's calculation of the Applicant’s retirement pension, finding no error.
- The Applicant's arguments regarding miscalculation, including the “escalation factor,” were dismissed.
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Appeal Division’s Decision:
- The Appeal Division found no specific error in the General Division's decision or new evidence warranting intervention.
- The Applicant's calculations and arguments were dismissed as they lacked basis in the Canada Pension Plan or official documents.
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Judicial Review Application:
- The Applicant sought review, claiming procedural unfairness and contesting the Appeal Division's conclusion.
- The Federal Court found no merit in the Applicant’s claim of procedural unfairness.
- The Court upheld the Appeal Division's decision, concluding it was transparent, intelligible, and justified.
Outcome: The Federal Court dismissed Linda Bartlett’s application for judicial review, maintaining the decision of the Appeal Division and confirming the calculation of her survivor’s pension without costs.