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Difference between revisions of "Appeals to the Social Security Tribunal General Division (8:XIV)"

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The docket contains most of the relevant documents and also summarizes all statements made by the claimant to the Commission, as well as the  Insurance Officer’s decision and comments. Read the docket carefully and be prepared to comment on it.
The docket contains most of the relevant documents and also summarizes all statements made by the claimant to the Commission, as well as the  Insurance Officer’s decision and comments. Read the docket carefully and be prepared to comment on it.


In many cases, the claimant may have to explain that the statement does not accurately reflect what they really intended to say. For example, the claimant did not mean to say that they would only work for $12.50 per hour and no less. Rather, the claimant meant that they would prefer $12.50 per hour, but would work for the going rate. The claimant will have to overcome the SST’s inclination to believe what the claimant said in their statement as opposed to what is being said now, after disentitlement. The claimant must convince the SST of their honesty.
In many cases, the claimant may have to explain that the statement does not accurately reflect what they really intended to say. For example, the claimant did not mean to say that they would only work for $12.50 per hour and no less. Rather, the claimant meant that they would prefer $12.50 per hour but would work for the going rate. The claimant will have to overcome the SST’s inclination to believe what the claimant said in their statement as opposed to what is being said now, after disentitlement. The claimant must convince the SST of their honesty.


Under the ''Privacy Act'', R.S, 1985, c. P-21 a claimant has a right to access the entire claim file, whether there is an appeal pending or  not. This may include the documents that are not part of the docket because the Commission did not consider them relevant. If details of the  Commission’s record may be important to the outcome, the advocate should ask for full disclosure of all relevant files.  
Under the ''Privacy Act'', R.S, 1985, c. P-21 a claimant has a right to access the entire claim file, whether there is an appeal pending or  not. This may include the documents that are not part of the docket because the Commission did not consider them relevant. If details of the  Commission’s record may be important to the outcome, the advocate should ask for full disclosure of all relevant files.  
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