Difference between revisions of "Checklist for Initial Application for Employment Insurance (8:App A)"

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{{REVIEWED LSLAP | date= July 3, 2020}}
 
{{LSLAP Manual TOC|expanded = EI}}
 
{{LSLAP Manual TOC|expanded = EI}}
  
== I. ADVISE IF CLIENT HAS NOT YET APPLIED FOR EI: ==
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== I. Advise If Client Has Not Yet Applied for EI: ==
  
=== A. APPLY IMMEDIATELY ===
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=== A. Apply Immediately ===
  
 
*Apply during the first full week of unemployment when possible.  
 
*Apply during the first full week of unemployment when possible.  
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*If the application was not filed in the first week, then the claimant should ask for the claim to be “antedated” to the date it should have been filed. “Good cause” must exist to justify each day itwas delayed prior to applying (see [[Benefit Period of Employment Insurance (8:IV) | Section IV: The Benefit Period).
 
*If the application was not filed in the first week, then the claimant should ask for the claim to be “antedated” to the date it should have been filed. “Good cause” must exist to justify each day itwas delayed prior to applying (see [[Benefit Period of Employment Insurance (8:IV) | Section IV: The Benefit Period).
  
=== B. WARNING ===
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=== B. Warning ===
  
 
*Statements made unwittingly over the phone can be used to disqualify the claimant.  
 
*Statements made unwittingly over the phone can be used to disqualify the claimant.  
  
=== C. HOW LONG DOES IT TAKE TO PROCESS THE APPLICATION? ===
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=== C. How Long Does It Take to Process the Application? ===
  
*From six to eight weeks depending on administrative delay. Benefits can be retroactive if there is an administrative delay.
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*Generally 4 weeks, depending on administrative delay. Benefits can be retroactive if there is an administrative delay.
 
*'''Emergency financial support''' can be obtained from income assistance: this is a '''loan''' and it must be '''repaid''' when the client receives EI
 
*'''Emergency financial support''' can be obtained from income assistance: this is a '''loan''' and it must be '''repaid''' when the client receives EI
  
=== D. REASON FOR LEAVING ===
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=== D. Reason for Leaving ===
  
==== 1. DID YOU LEAVE VOLUNTARILY? ====
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==== 1. Did You Leave Voluntarily? ====
  
 
*Why did the claimant leave?  
 
*Why did the claimant leave?  
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*The Commission’s determination of “just cause” can be appealed to the General Division.  
 
*The Commission’s determination of “just cause” can be appealed to the General Division.  
  
==== 2. WERE YOU FIRED? ====
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==== 2. Were You Fired? ====
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*Why was the claimant fired?  
 
*Why was the claimant fired?  
 
*Was there “misconduct” by the claimant (see [[Employment Insurance Benefit Entitlement (8:VII)#2. Misconduct | Section VII.E.2: Misconduct]]).
 
*Was there “misconduct” by the claimant (see [[Employment Insurance Benefit Entitlement (8:VII)#2. Misconduct | Section VII.E.2: Misconduct]]).
 
*The determination of “misconduct” can be appealed to the General Division.  
 
*The determination of “misconduct” can be appealed to the General Division.  
  
=== E. QUALIFYING FOR EI ===
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=== E. Qualifying for EI ===
  
==== 1. AVAILABILITY ====
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==== 1. Availability ====
  
 
===== a) Are you available for work? =====
 
===== a) Are you available for work? =====
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*Narrowly restricting your salary expectations, the type of work sought, the work location, or your work schedule can result in a determination that you are not available for work.  
 
*Narrowly restricting your salary expectations, the type of work sought, the work location, or your work schedule can result in a determination that you are not available for work.  
  
==== 2. CAPABILITY ====
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==== 2. Capability ====
  
 
===== a) Are you capable of working? =====
 
===== a) Are you capable of working? =====
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*You cannot be ill or injured or otherwise incapable of working to qualify (see [[Types of Employment Insurance Benefits (8:VI)#C. Sickness Benefits | Section VI.C: Sickness Benefits]] and [[Types of Employment Insurance Benefits (8:VI)#F. Pregnancy Benefits | VI.F: Pregnancy Benefits]]).
 
*You cannot be ill or injured or otherwise incapable of working to qualify (see [[Types of Employment Insurance Benefits (8:VI)#C. Sickness Benefits | Section VI.C: Sickness Benefits]] and [[Types of Employment Insurance Benefits (8:VI)#F. Pregnancy Benefits | VI.F: Pregnancy Benefits]]).
  
==== 3. UNABLE TO FIND SUITABLE EMPLOYMENT ====
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==== 3. Unable to Find Suitable Employment ====
  
 
===== a) Were you offered employment that was unsuitable? =====
 
===== a) Were you offered employment that was unsuitable? =====
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*Have you participated in any job search clubs?
 
*Have you participated in any job search clubs?
  
=== F. APPEAL ANY UNFAVOURABLE DECISION ===
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=== F. Appeal Any Unfavourable Decision ===
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*Begin with a request for the unfavourable decision to be reconsidered by the CEIC.
 
*Begin with a request for the unfavourable decision to be reconsidered by the CEIC.
 
*If the reconsideration decision is still unfavourable, submit a written application to the General Division of the SST.  Appeal applications must be submitted within 30-calendar days of receipt of the reconsideration decision. (see [[Section XIII: The Social Security Tribunal (SST) Overview (8:XIII) | Section XIII: The Social Security Tribunal (SST) Overview]])
 
*If the reconsideration decision is still unfavourable, submit a written application to the General Division of the SST.  Appeal applications must be submitted within 30-calendar days of receipt of the reconsideration decision. (see [[Section XIII: The Social Security Tribunal (SST) Overview (8:XIII) | Section XIII: The Social Security Tribunal (SST) Overview]])
 
  
 
{{LSLAP Manual Navbox|type=chapters8-14}}
 
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Latest revision as of 13:47, 29 December 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 3, 2020.



I. Advise If Client Has Not Yet Applied for EI:[edit]

A. Apply Immediately[edit]

  • Apply during the first full week of unemployment when possible.
  • Do not miss your deadline to apply simply because you do not have the ROE. If necessary, apply without the ROE.
  • If the application was not filed in the first week, then the claimant should ask for the claim to be “antedated” to the date it should have been filed. “Good cause” must exist to justify each day itwas delayed prior to applying (see [[Benefit Period of Employment Insurance (8:IV) | Section IV: The Benefit Period).

B. Warning[edit]

  • Statements made unwittingly over the phone can be used to disqualify the claimant.

C. How Long Does It Take to Process the Application?[edit]

  • Generally 4 weeks, depending on administrative delay. Benefits can be retroactive if there is an administrative delay.
  • Emergency financial support can be obtained from income assistance: this is a loan and it must be repaid when the client receives EI

D. Reason for Leaving[edit]

1. Did You Leave Voluntarily?[edit]

2. Were You Fired?[edit]

  • Why was the claimant fired?
  • Was there “misconduct” by the claimant (see Section VII.E.2: Misconduct).
  • The determination of “misconduct” can be appealed to the General Division.

E. Qualifying for EI[edit]

1. Availability[edit]

a) Are you available for work?[edit]
  • Caring for others may mean you are not available for work. What arrangements for childcare, for instance, have you made when you obtain work?
  • Studying full time will likely mean you are not available for work.
  • Studying part time may also mean you are not considered available for work. You will have to prove availability, i.e. that a course does not interfere with the job search (see Section VII: Benefit Entitlement).
  • You cannot be on vacation.
  • Narrowly restricting your salary expectations, the type of work sought, the work location, or your work schedule can result in a determination that you are not available for work.

2. Capability[edit]

a) Are you capable of working?[edit]

3. Unable to Find Suitable Employment[edit]

a) Were you offered employment that was unsuitable?[edit]
  • Were you offered employment in the same occupation for lower pay, in poorer working conditions?
  • Were you offered employment in a different occupation, but at lower pay in poorer working conditions?
b) Keep a Job Search Record (see Section IX.A: Job Search Record)[edit]
  • Where have you sent resumes? Write down the date, and the names, addresses, and phone numbers of companies contacted.
  • Names of people who you spoke with.
  • What dates did you check the job postings board?
  • Have you participated in any job search clubs?

F. Appeal Any Unfavourable Decision[edit]

  • Begin with a request for the unfavourable decision to be reconsidered by the CEIC.
  • If the reconsideration decision is still unfavourable, submit a written application to the General Division of the SST. Appeal applications must be submitted within 30-calendar days of receipt of the reconsideration decision. (see Section XIII: The Social Security Tribunal (SST) Overview)
© Copyright 2021, The Greater Vancouver Law Students' Legal Advice Society.