Social Security Tribunal Overview (8:XIII)

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LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
8. Employment Insurance
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Qualifying for EI
 · IV. Types of Benefits
 · V. Benefit Period
 · VI. Quantifying Benefits
 · VII. Benefit Entitlement
 · VIII. Penalties, Violations, and Offences
 · IX. Keeping Out of Trouble
 · X. Timing for Reporting
 · XI. Overpayment and Collections
 · XII. Reconsideration
 · XIII. Social Security Tribunal
 · XIV. Appeals
 · XV. Judicial Review
 · XVI. LSLAP's Use of This Chapter

 · Appendix A: Initial Application Checklist
v • d • e



If the claimant is unhappy with the decision following the Reconsideration, the claimant may file an appeal to the SST. General information about the Tribunal appeal process can be found at: http://www.canada.ca/en/sst/index.html. A comprehensive guide to appeals to the General Division and Appeals Division called “Challenging A Decision About Your Employment Insurance Claim: Reconsideration and the Social Security Tribunal” can be found on the Community Legal Assistance Society website at http://www.clasbc.net/self_help_guides.

A. General Division

Further information on appeals to the General Division can be found in the next section of the Chapter.

The SST must receive a claimant’s appeal within 30 days of the claimant’s becoming aware (including being told in a phone call) of the Reconsideration decision. There are two ways to file an appeal:

  1. Fill out the Notice of Appeal to the SST General Division – EI form and 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 at the following link: http://www.servicecanada.gc.ca/eng/common/sst-tss/forms-formulaires/SST-NOA-GD-EI-E.pdf 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.
  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.

The Tribunal 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 the Tribunal’s as to whether or not 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. The application to appeal a dismissal can be found here:

http://www.servicecanada.gc.ca/eng/common/sst-tss/forms-formulaires/SST-ATATTAD.pdf.

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

The Member will choose the type of hearing to be used. The Tribunal will telephone or write to the claimant to arrange the hearing.

Following the hearing, the Member will send the claimant a copy of the decision.

B. Appeal Division

The Appeal Division of the SST must receive a claimant’s appeal within 30 days of the claimant’s receipt of the General Division’s decision. There are two ways to file an appeal:

  1. Fill out the Notice of Appeal to the SST General Division – EI form and 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 at the following link: http://www.servicecanada.gc.ca/eng/common/sst-tss/forms-formulaires/SST-ATATTAD.pdf. 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.
  2. Write the SST a letter of appeal containing all the information required in the form. It is important to ensure that all of the required information is included.

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 the Tribunal’s as to whether or not to grant the extension.

The Appeal Division has recently released a practice direction regarding incomplete appeals. 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.

When a Notice of Appeal is received, a Tribunal member will be assigned to the claimant’s file to decide whether or not to grant permission to allow the appeal to proceed. The grounds for appeal to the Appeal Division are:

  • The General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction
  • The General Division erred in law in making its decision
  • The General Division based its decision on an erroneous finding of fact that was made in a perverse or capricious manner or without regard for the evidence before it.

A claimant will be informed in writing if their application for permission to appeal is dismissed. Permission is not required when appealing a General Division decision to summarily dismiss the appeal.

If permission is granted for the appeal, the parties have 45 days to provide submissions. If no submissions are received, the Member will decide whether or not to allow the appeal to proceed based on the documents or submissions on file. In some cases the Appeal Division will decide solely on the basis of the written record and submissions, and the Member will decide if a hearing is necessary. If the SST does decide to hold a hearing, there are several forms the hearing may take:

  • Written: The Member will ask the claimant questions and request a written response by a certain date
  • Telephone
  • Videoconference
  • In-Person

The Member will choose the type of hearing to be used. Following the hearing, the Member will send the claimant a copy of the decision. The decisions of the Appeal Division are subject to review under the Federal Courts Act.

C. Re-opening a Decision

A claimant can apply to the Commission or the SST to rescind or amend a decision if there are new facts or the decision was made without knowledge of, or was based on a mistake as to, some material fact. This application can only be made once and must be submitted within one year of the decision. The form to re-open a decision is accessible at the following link:

http://www.servicecanada.gc.ca/eng/common/sst-tss/forms-formulaires/SST-ATROA.pdf

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