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Difference between revisions of "Social Security Tribunal Overview (8:XIII)"
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Social Security Tribunal Overview (8:XIII) (view source)
Revision as of 00:24, 17 August 2019
, 00:24, 17 August 2019no edit summary
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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: | 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: | ||
#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: | #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: https://www1.canada.ca/en/sst/ei/eiprocess.html. 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. | ||
#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. | #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. | ||
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Once the SST receives a completed notice of appeal, it will notify Service Canada of your appeal. | Once the SST receives a completed notice of appeal, it 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 | 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 to grant the extension. | ||
When a Notice of Appeal is received, a Tribunal | 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: https://www1.canada.ca/en/sst/forms/sst-lta-ad-is-e.pdf. | ||
If the appeal is proceeded with, there are several types of hearings available: | If the appeal is proceeded with, there are several types of hearings available: | ||
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#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. | #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 | 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 to grant the extension. 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 failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction | ||
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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. | 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 | 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 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. | 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. The hearing process is the same as the general division | ||
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 == | == C. Re-opening a Decision == | ||