5,109
edits
Difference between revisions of "Social Security Tribunal Overview (8:XIII)"
From Clicklaw Wikibooks
Social Security Tribunal Overview (8:XIII) (view source)
Revision as of 22:53, 23 August 2023
, 22:53, 23 August 2023→A. General Division
| Line 14: | Line 14: | ||
* '''Option 1''': Fill out the Notice of Appeal to the SST General Division – Employment Insurance Form, and e-mail, mail or fax it to the SST. The form can be filled out on the computer and then printed, or printed and filled out by hand. This form is accessible [https://www1.canada.ca/en/sst/forms/noa-gd-ei-en-v2.pdf online]. | * '''Option 1''': Fill out the Notice of Appeal to the SST General Division – Employment Insurance Form, and e-mail, mail or fax it to the SST. The form can be filled out on the computer and then printed, or printed and filled out by hand. This form is accessible [https://www1.canada.ca/en/sst/forms/noa-gd-ei-en-v2.pdf online]. | ||
:If the claimant is unable to print the form, the claimant may contact the SST and the Tribunal will send the form to the claimant. | |||
* '''Option 2''': Write the SST a letter of appeal containing all the information required in the form. If the claimant fails to provide all of the information required, the appeal may not be accepted. | * '''Option 2''': Write the SST a letter of appeal containing all the information required in the form. If the claimant fails to provide all of the information required, the appeal may not be accepted. | ||
: Upon receiving an incomplete appeal, the Tribunal will send a letter to the applicant asking them to file all missing information within 30 days of the date of the letter. If the applicant does this, the Tribunal will consider the appeal to have been filed the date of the original incomplete application for the purposes of meeting the deadline to file an appeal. | |||
: Once the SST receives a completed notice of appeal, it will notify Service Canada of your appeal. | |||
: If a claimant submits an appeal form after the 30 days, the claimant can request an extension in the form. However, the decision is ultimately up to the Tribunal’s discretion as to whether to grant the extension. | |||
: When a Notice of Appeal is received, a Tribunal Member will be assigned to the claimant’s file. The Member will review the file and will '''dismiss any file which the Member decides has no reasonable chance of success'''. The SST will notify the claimant if they are considering summarily dismissing an appeal and provide the claimant with an opportunity to make additional submissions before the appeal is dismissed. | |||
: If the appeal is proceeded with, there are several types of hearings available: | |||
::* Written: the Member will ask the claimant questions and request a written response by a certain date | |||
::* Telephone | |||
::* Videoconference | |||
::* In-Person | |||
| Line 64: | Line 64: | ||
Keep in mind that the decision to apply a penalty can always be appealed. | Keep in mind that the decision to apply a penalty can always be appealed. | ||
== B. Re-opening a Decision == | == B. Re-opening a Decision == | ||
