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I've Been Turned Down for Employment Insurance Benefits: Difference between revisions

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:* You quit '''without''' ''just cause''.
:* You quit '''without''' ''just cause''.


:* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.  
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work.  


:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.




'''You can appeal any of these decisions'''
'''You can ask for a reconsideration and appeal any of these decisions'''
If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.  
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision.  


You can appeal (ask for a reconsideration of your claim) if EI:
You can appeal (ask for a reconsideration of your claim) if EI:
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:* has given you a warning letter and/or a penalty
:* has given you a warning letter and/or a penalty


You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law. 
== First steps ==


If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help.  
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form within ''thirty (30) days'' of receiving the decision.  


If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within ''thirty (30) days'' of receiving your reconsideration decision.


'''First steps'''
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within ''thirty (30) days'' of receiving the appeal decision. You will have to request permission to file the appeal


If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:
== What happens next ==


# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
'''Reconsideration'''
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.


The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI General Division'''.  
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.


'''Appeal to the General Division'''


'''What happens next'''
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.  
 
After you have filed your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.  


A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.  
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.  
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The Social Security Tribunal member will send you the decision in writing.  
The Social Security Tribunal member will send you the decision in writing.  


If your appeal is dismissed, you can appeal that decision.  
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''
 


'''If your appeal goes forward'''
'''If your appeal goes forward'''
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After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.  
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.  


 
'''Appeal to the Appeal Division'''
'''If you disagree with the Tribunal’s decision'''
   
   
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.  
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.  
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You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.  
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.  


You must file your appeal '''within 30 days''' of the day you got the decision from the General Division.
You must file your appeal '''within thirty (30) days''' of the day you got the decision from the General Division.  
 
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.  


The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.


== Where to get help ==
== Where to get help ==
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*[[Community Legal Assistance Society]].  
*[[Community Legal Assistance Society]].  
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."  
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."  


Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.  
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.  


{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}
 
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}


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