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

It is possible to appeal most MSDSI decisions that deny, reduce, or discontinue welfare benefits of any kind, including supplements. See s 17 of the EAA and s 16 of the EAPWDA.  

The legislation list certain supplements for which decisions can not be appealed to the Employment and Assistance Appeal Tribunal: see EAR, s  81, and EAPWDA, s 73.   Note however that a person may still apply for reconsideration of decisions related to those supplements. In addition, one cannot appeal decisions regarding the terms of employment plans to the Tribunal, but they can be reconsidered (see s 9 and 17(1)(e) of the EAA).  

'''NOTE:''' If a client would like a review of a decision that is not open to reconsideration and/or appeal, they may still request an internal administrative review by registering a complaint with the supervisor at a local MSDSI office.   This may be particularly useful for service  quality issues. This is entirely separate from the appeal process.  

There is a two-level appeal process for reviewing decisions by MSDSI. The levels are:  

*appeal to the Employment and Assistance Appeal Tribunal or “EAAT”  (an independent tribunal).   

To seek reconsideration, a person must obtain and complete a “Request for Reconsideration” form and return it to MSDSI '''within 20 business  days of being notified of a decision''', along with relevant documents, to request a reconsideration of a MSDSI decision.   

To appeal a reconsideration decision to the EAAT, a person must submit a Notice of Appeal form within '''seven business days''' of being notified of the reconsideration decision.  

If a recipient is seeking reconsideration or appeal of a decision to discontinue or reduce a benefit or supplement, he or she may continue to receive the benefit or supplement while awaiting the outcome of the reconsideration or appeal.   This is called a “reconsideration supplement”  or “appeal supplement”.  

Before paying a reconsideration or appeal supplement, MSDSI requires people to sign an agreement saying they will repay the benefit if the appeal fails. See s 54 of EAR and s 52 of EAPWDR.  

'''NOTE:''' Whenever a client asks about appealing a decision, begin by checking s 17 of the EAA, s 16 of the EAPWDA, s 81 of the EAR, and s 73 of the EAPWDR to ensure the decision is appealable. Then, review the legislation to understand the law affecting the decision.  

Reconsideration is a “paper review” by MSDSI with no hearing.   To request reconsideration, the client needs to fill in Request for Reconsideration form.     He or she may need to ask for this form, although often it will come with the MSDSI decision.  

*'''Evidence:''' any relevant documentary evidence can be submitted with the request for reconsideration. It is essential to provide complete evidence at this stage, and cover all possible evidentiary issues, as only limited evidence is allowed at next appeal stage and

*'''Argument:''' it is also good to provide a one-page written summary of outlining why the client is eligible for the benefit.   

If a client is not able to submit all relevant evidence and argument to MSDSI within the 20 business day deadline, they can request (in writing) an extension to do so of up to 10 business days.       They must still submit the completed Request for Reconsideration form to MSDSI within  the initial 20 business day deadline, but can indicate on that form that they require an extension of time to provide supporting evidence and argument.   

Once a completed Request for Reconsideration form is submitted to MSDSI, MSDSI must provide a written response to the reconsideration request  within 10 business days.   Section 80(b) of the EAR, and s 72(b) of the EAPWDR provide that, with the agreement of both parties, MSDSI may have up to an additional 10 business days to make its decision.   These are the sections that are relied upon when requesting an extension of time to  provide additional evidence and argument in support of a client’s completed Request for Reconsideration form.   

'''NOTE:''' While going through this process, it is also well worth contacting the Supervisor at the client’s MSDSI office to try and negotiate  a solution, particularly if the decision appears to be obviously unfair and out of line with the legislation.   

The EAAT is an independent tribunal. See its website at http://www.gov.bc.ca/eaat. Its website has many useful materials including a set of practices and procedures, guidelines, forms, and a member code of conduct.   

The EAAT holds oral and written hearings.   Oral hearings may be done in person or by teleconference. An oral, in-person hearing should always available if the client requests one, although it may lead to a delay in scheduling.   

To request an appeal, file a Notice of Appeal with the EAAT or deliver it to a local MSDSI office. The EAAT or MSDSI must receive the notice  of appeal within '''7 business days''' from the day the client gets the reconsideration decision.