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Difference between revisions of "Appeals to the Social Security Tribunal General Division (8:XIV)"
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Appeals to the Social Security Tribunal General Division (8:XIV) (view source)
Revision as of 00:27, 17 August 2019
, 00:27, 17 August 2019no edit summary
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== B. Preparation for Appeal to the General Division == | == B. Preparation for Appeal to the General Division == | ||
When reviewing the docket and preparing for the appeal, the claimant and | When reviewing the docket and preparing for the appeal, the claimant and their representative should consider the: | ||
#“Representations of the Commission to the General Division” (this is the Commission’s justification for its decision); | #“Representations of the Commission to the General Division” (this is the Commission’s justification for its decision); | ||
#evidence relied upon by the Commission; and | #evidence relied upon by the Commission; and | ||
# | #Umpire decisions or now SST Appeal Division decisions cited by the Commission. | ||
The docket contains most of the relevant documents and also summarizes all statements made by the claimant to the Commission, as well as the Insurance Officer’s decision and comments. Read the docket carefully and be prepared to comment on it. | The docket contains most of the relevant documents and also summarizes all statements made by the claimant to the Commission, as well as the Insurance Officer’s decision and comments. Read the docket carefully and be prepared to comment on it. | ||
In many cases, the claimant may have to explain that the statement does not accurately reflect what | In many cases, the claimant may have to explain that the statement does not accurately reflect what they really intended to say. For example, the claimant did not mean to say that they would only work for $12.50 per hour and no less. Rather, the claimant meant that they would prefer $12.50 per hour, but would work for the going rate. The claimant will have to overcome the SST’s inclination to believe what the claimant said in their statement as opposed to what is being said now, after disentitlement. The claimant must convince the SST of his or her honesty. | ||
Under the ''Privacy Act'', R.S, 1985, c. P-21 a claimant has a right to access the entire claim file, whether there is an appeal pending or not. This may include the documents that are not part of the docket because the Commission did not consider them relevant. If details of the Commission’s record may be important to the outcome, the advocate should ask for full disclosure of all relevant files. | Under the ''Privacy Act'', R.S, 1985, c. P-21 a claimant has a right to access the entire claim file, whether there is an appeal pending or not. This may include the documents that are not part of the docket because the Commission did not consider them relevant. If details of the Commission’s record may be important to the outcome, the advocate should ask for full disclosure of all relevant files. | ||
The jurisprudence on EI includes more than 80,000 decisions of the Umpire, along with perhaps a thousand or so decisions of the Federal Court of Appeal and the Supreme Court of Canada. Most of these decisions can be found (and searched by key words) on the | The jurisprudence on EI includes more than 80,000 decisions of the Umpire, along with perhaps a thousand or so decisions of the Federal Court of Appeal and the Supreme Court of Canada. Most of these decisions can be found (and searched by key words) on Canlii or the Social Security Tribunal Website at https://www1.canada.ca/en/sst/ad/index.html. A claimant or representative should always read the cases upon which the Commission is relying. Often the quoted excerpt is taken out of context, and the facts are so different that the case can be easily distinguished, or even used to support the appeal. | ||
Any exhibits, cases, or written arguments should be submitted to the General Division ahead of the hearing date, if possible. This will give the Tribunal a chance to familiarize themselves with the materials, and make more efficient use of the hearing. The Tribunal will accept new evidence at the hearing, but may adjourn it if the material is lengthy. | Any exhibits, cases, or written arguments should be submitted to the General Division ahead of the hearing date, if possible. This will give the Tribunal a chance to familiarize themselves with the materials, and make more efficient use of the hearing. The Tribunal will accept new evidence at the hearing, but may adjourn it if the material is lengthy. | ||