Difference between revisions of "Welfare Appeals (21:XI)"

One does not need to file evidence or argument at the same time as filing the Notice of Appeal, although one could do so.   

The EAAT will hold the hearing within 15 business days of the notice of appeal, unless the client consents to having it later.  

If an applicant needs more time once he or she has filed the notice of appeal, the Tribunal has an adjournment request form online. Ideally  the applicant should get MSDSI to consent to the adjournment and send the form in at least 24 hours before the hearing. Applicants can also ask for an adjournment on the day if there is good reason.   

*While an EAAT hearing is formal, it is less formal than court.   Rules of evidence are not strictly applied;   

*Appellants before the EAAT may be represented by an advocate or legal counsel. LSLAP students may act in this capacity for clients.  

The EAAT hearing must be held within 15 business days of delivery of the appeal notice. The hearing can be postponed if both parties and the chairperson agree to a later date. Applicants can request an adjournment if there is good reason to do so, using an “Appeal Adjournment Request  Form”.   See also s 85 of the EAR.  

*'''Documentary evidence''', which should be set it in to EAAT in advance if possible, but it is acceptable to bring it to the hearing, with enough copies for the three panel members and the MSDSI representative) and   

Completely new evidence is not supposed to be allowed before the EAAT, whereas evidence “supporting” what was put forward at reconsideration is allowed. There can sometimes be a fine line between new evidence and supporting evidence. The EAAT has a useful guideline on this issue, at http://www.gov.bc.ca/eaat/popt/additional_evidence.html  

If so, the panel must uphold MSDSI’s decision, and if not, the panel must rescind the Ministry’s decision. If the decision of the tribunal cannot be implemented without some further determination, then the tribunal must refer the further determination back to MSDSI.  

The EAAT panel must render its decision within five business days of the conclusion of the hearing. The EAAT chair then has five business days to mail a copy of it to all parties.  

'''NOTE:''' If a client failed to submit key pieces of evidence with his or her request for reconsideration, it may not be worthwhile to appeal  the decision to EAAT, since appellants are not permitted to present completely new information on appeal to EAAT.   Therefore, it may be in the  client’s best interest to re-apply for the benefit and provide proper documentation on the new application.   

*Whether someone has to sign an employment plan or have certain conditions in the employment plan;  

OPTION 1:         Where the appellant has applied for a benefit and been denied, and where it is important for her to get the benefit right away, she can re-apply. If there is new evidence on which to base a new application that should be submitted; otherwise she can still reapply although  her appeal rights on the new application will be limited if she cannot show that there has been a change in the applicant's circumstances relevant to the appeal since she last appealed to the EAAT (see section 17 of the EAPD Act and section 18 of the EA Act).

OPTION 2:         Where the decision is very seriously problematic (see below) and there is some benefit to having a court overturn the original decision, students can advise the client to seek judicial review.   

*The representative should determine what the issues are and read all of the relevant sections of the EAA or the EAPWDA and the associated Regulations.   

*A   representative   should   have   the   client   fill   out   an “Authorization   for   Advocate   and Confidentiality” form authorizing the representative to examine the client’s MSDSI file. Also, if the case is at the EAAT level, a “Release of Information” form from the EAAT website should be completed. These forms are needed to communicate with the MSDSI and the EAAT about the client’s case.   

*If a client has received a decision from MSDSI but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the MSDSI office and to complete and return it to his or her local MSDSI office. This must be done within '''20 business days''' of getting the decision. If there is enough time, it is very helpful if you can help the client to fill in the Request for Reconsideration.   

*If an applicant has already received a reconsideration decision, and the matter is appealable (see above) advise him or her to complete a  Notice of Appeal form and to send it to the EAAT '''within seven business days''' of getting the reconsideration decision.   

*With the law as set out by the Act and regulation in mind, the representative should get copies of all relevant documents and review the details of the client’s case.   It is vital to have a clear, comprehensive account of the facts as your client understands them.  

*If the applicant submits additional documentation as evidence, such as medical reports, affidavits, or receipts, make enough copies for MSDSI’s representatives and the tribunal members. Because there is no registry for administrative support for the tribunal system, advocates  must assume responsibility for seeing that all documentation is well-organized.   

*At all levels of appeal, it is best to have a written statement of one’s presentation of the facts in case there is a judicial review.  Hearings at the EAAT are not otherwise recorded.