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

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:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours.  You must have worked those hours in your qualifying period, which is usually the year before you apply.  
:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours.  You must have worked those hours in your qualifying period, which is usually the year before you apply.  


* You were '''fired for''' ''just cause''.
:* You were '''fired for''' ''just cause''.


* 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 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.




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You can appeal (ask for a reconsideration of your claim) if EI:
You can appeal (ask for a reconsideration of your claim) if EI:
* has refused you benefits  
:* has refused you benefits  
* says you have to repay benefits  
:* says you have to repay benefits  
* 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.   
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.   
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The Social Security Tribunal member will decide one of two things:
The Social Security Tribunal member will decide one of two things:


* your appeal goes forward, or
:* your appeal goes forward, or
   
   
* your appeal is dismissed.
:* your appeal is dismissed.


The Social Security Tribunal member will send you the decision in writing.  
The Social Security Tribunal member will send you the decision in writing.  
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If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.  
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold '''a hearing'''.  


* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.


* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.
:* If '''a hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.


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.  
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