Challenging EI Decisions. Navigating the new appeal system and the Social Security Tribunal
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1 Challenging EI Decisions Navigating the new appeal system and the Social Security Tribunal
2 What You Will Learn Overview of new system. The different levels of appeal: Reconsideration. The Social Security Tribunal General Division. The Social Security Tribunal Appeal Division.
3 Overview of What s New Internal reconsideration is mandatory. Board of Referees and Umpire gone. Appeals now heard by the Social Security Tribunal.
4 EI CPP / OAS Decision by Commission Decision by Minister Reconsideration Decision by Commission Reconsideration Decision by Minister SST SST General Division EI Section SST General Division Income Security Section SST Appeal Division
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6 Reconsideration Deadline is 30 days from date decision is communicated. Can get extension of time. Send in Application for Reconsideration form. Representatives must send an authorization. Employers can request reconsideration too.
7 Reconsideration: Requesting the File Commission will not automatically send you file. Must request under Privacy Act. Can request online. Follow link to online portal: Direct request to Employment and Social Development Canada.
8 Reconsideration: Key Points Reconsideration mandatory before you can appeal. Deadline is 30 days from date decision is communicated. No automatic disclosure of file material. No formal hearing.
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11 The Social Security Tribunal Federal tribunal for EI, CPP, and OAS appeals. Two divisions (levels of appeal): General Division. Appeal Division. General division has two sections: EI Section. Income Security Section (CPP and OAS).
12 EI CPP / OAS Decision by Commission Decision by Minister Reconsideration Decision by Commission Reconsideration Decision by Minister SST SST General Division EI Section SST General Division Income Security Section SST Appeal Division
13 The SST General Division Deadline is 30 days from date decision is communicated. No extensions beyond 1 year. Send in a Notice of Appeal. Employers can also appeal.
14 Communicating with the SST Call centre, call backs in 3 business days. Use of is unclear. Deemed to receive documents: Regular mail: 10 days. Fax or Next business day. Courier or registered mail: Day someone signs or delivered to last known address.
15 SST General Division: Summary Dismissal If there is no reasonable chance of success, must dismiss. SST will give you a final opportunity to explain why appeal could succeed.
16 SST General Division: Types of Hearings In person hearing. Video conference. Teleconference. Written question and answer.
17 SST General Division: Types of Hearings SST Member decides what type of hearing to hold. You can make submissions. Some factors supporting an in person hearing: Credibility is an issue. Many people attending hearing. The appeal is very complex. Hard for client to understand by phone or by video.
18 SST General Division: Other Hearing Arrangements Interpreters. Witnesses. Length of hearing. Availability. Accommodations. Private hearings. Expedited hearings.
19 SST General Division: The Notice of Hearing Sets out type of hearing. When and where to go for in person / or video conference. Call in instructions for teleconference.
20 SST General Division: Rescheduling and Adjournments 48 hour window to reschedule. After that, must request adjournment, explain reasons. Second adjournment only in exceptional circumstances.
21 SST General Division: The Hearing File (docket) SST will automatically send a copy. May arrive late in the process. Can make your own request if you want file sooner.
22 SST General Division: Preparing for the Hearing Review hearing file when the SST sends it out. Review Commission s submissions or representations. Crucial to send in all helpful evidence. Good to send a written submission. No formal deadline, but send well in advance to avoid adjournments.
23 SST General Division: At the Hearing Decision made by one SST Member. Employer might be there. Commission rarely sends a representative. Basic structure of hearing is the same. Call witnesses, ask questions, make submissions etc. Decision mailed out after hearing.
24 SST General Division: Key Points Deadline is 30 days from communication of reconsideration decision. No extensions of time beyond 1 year. Summary dismissal if no chance of success. Most hearings not in person. Strict with rescheduling and adjournments. Decisions now made by a single SST Member
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27 EI CPP / OAS Decision by Commission Initial Decision by Minister Reconsideration Decision by Commission Reconsideration Decision by Minister SST SST General Division EI Section SST General Division Income Security Section SST Appeal Division
28 SST Appeal Division You now need leave (permission) to appeal. Reasonable chance of success. Exception if case summarily dismissed. Employer and Commission can also seek leave to appeal. Deadline is 30 days from date decision is first communicated.
29 SST Appeal Division: Grounds for Appeal Breach of natural justice. Jurisdiction. Errors of law. The decision is based on an erroneous finding of fact made in a perverse or capricious manner or without regard for the material before it. Note: new evidence generally not allowed.
30 SST Appeal Division: Decision on Leave to Appeal Decision will be in writing. If leave denied, case over (subject to judicial review). If leave granted, appeal will proceed.
31 SST Appeal Division: What Happens Next? 45 days from leave decision to file written submissions. Appeal Division does not have to hold a hearing. If Appeal Division does hold a hearing, will send a Notice of Hearing.
32 SST Appeal Division: At the Hearing Appeal heard by one SST Member. The Commission usually has a lawyer there. Employer could be there. Generally no witnesses, just argument. Focus on the grounds for review. Decision mailed out after hearing.
33 SST Appeal Division: Key Points Now need leave to appeal. Deadline is 30 days from date general division decision is communicated. No extensions beyond 1 year. Narrow grounds for appeal. Generally no new evidence. Not required to hold hearing.
34 Animation Wrap up appeal division
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36 Wrap Up PovNet runs courses. Community Legal Assistance Society.
37 A co-production of the Community Legal Assistance Society and PovNet, hosted by Courthouse Libraries BC. Written by Kevin Love, graphics by Kara Sievewright. Generously funded by the BC Law Foundation.
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