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Difference between revisions of "Reconsideration of Employment Insurance Decisions (8:XII)"
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Reconsideration of Employment Insurance Decisions (8:XII) (view source)
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{{LSLAP Manual TOC|expanded = EI}} | {{LSLAP Manual TOC|expanded = EI}} | ||
Before appealing to the Social Security Tribunal, a claimant must first submit a Request for Reconsideration to the EI Commission within 30 days. Upon receipt of a Request for Reconsideration, a Service Canada employee, other than the one who made the original decision, will review your case, including any new information provided in the Request. The Service Canada employee will also conduct any additional investigation that may be required, including clarifying the circumstances, and obtaining relevant documents related to the employment. The Service Canada employee will use this information to make the EI Commission’s final decision on the claimant’s claim. | Before appealing to the Social Security Tribunal, a claimant must first submit a Request for Reconsideration to the EI Commission within 30 days. Upon receipt of a Request for Reconsideration, a Service Canada employee, other than the one who made the original decision, will review your case, including any new information provided in the Request. The Service Canada employee will also conduct any additional investigation that may be required, including clarifying the circumstances, and obtaining relevant documents related to the employment. The Service Canada employee will use this information to make the EI Commission’s final decision on the claimant’s claim. | ||
The Request for Reconsideration form can be found at the following link: | :The Request for Reconsideration form can be found at the following link: | ||
:http://www.servicecanada.gc.ca/eforms/forms/sc-ins5210%282014-04-007%29e.pdf | |||
This request must be submitted to Service Canada within 30 days after the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is free. | |||
The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the Privacy Act. This can be done in one of the following ways: | |||
:'''By mail:''' http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp | |||
:'''Online:''' https://atip-aiprp.apps.gc.ca/atip/welcome.do | |||
Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment are the subject of the appeal. | |||
The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation. | |||
The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation. | |||
== A. What can be Reconsidered (and later appealed) == | == A. What can be Reconsidered (and later appealed) == | ||
Most decisions of the Commission may be Reconsidered. For example, claimants are eligible to request a Reconsideration if the original decision: | Most decisions of the Commission may be Reconsidered. For example, claimants are eligible to request a Reconsideration if the original decision: | ||
*Refused EI benefits; | *Refused EI benefits; | ||
*Ordered that EI benefits received be repaid; | *Ordered that EI benefits received be repaid; | ||
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The following issues cannot be Reconsidered: | The following issues cannot be Reconsidered: | ||
*certain discretionary benefits, such as training courses, special employment benefits and work-sharing, see above and the ''EI Act'' ss 24, 25, and 64; and | *certain discretionary benefits, such as training courses, special employment benefits and work-sharing, see above and the ''EI Act'' ss 24, 25, and 64; and | ||
*insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment | Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act''). | *insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment | Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act''). | ||
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Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals under s 90(1) include: | Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals under s 90(1) include: | ||
*a) whether an employment is insurable; | *a) whether an employment is insurable; | ||
*b) how long an employment lasts, including the dates on which it begins and ends; | *b) how long an employment lasts, including the dates on which it begins and ends; | ||
