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

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'''All such decisions are appealable.''' If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal within 30 days of receiving the decision to an independent Board of Referees. The Referees can usually overturn EI's decision if they believe that it was wrong. They cannot change the law, however. For example, if you have worked 690 hours in a region where 700 hours are required, they cannot decide to allow your claim anyway.  
'''All such decisions are appealable.''' If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal within 30 days of receiving the decision to an independent Board of Referees. The Referees can usually overturn EI's decision if they believe that it was wrong. They cannot change the law, however. For example, if you have worked 690 hours in a region where 700 hours are required, they cannot decide to allow your claim anyway.  
 
 
Some decisions cannot be appealed to the Board of Referees, such as decisions about how many hours you worked, or whether your job was insured under the EI system. Such "insurability" questions must be appealed within 90 days to the Canada Revenue Agency (CRA), with a further appeal to the Minister of National Revenue and the Tax Court.
 
'''If you feel that EI has treated you unfairly, the best advice is simple:  APPEAL!''' It's free, and it's the only chance you have to receive the benefits you feel you deserve.  
'''If you feel that EI has treated you unfairly, the best advice is simple:  APPEAL!''' It's free, and it's the only chance you have to receive the benefits you feel you deserve.  
{{Tipsbox
| width = 90%
| tips = Choosing the right type of appeal can be tricky. For example, if you have worked 690 hours in a region where 700 hours are required, the Board of Referees couldn't allow your claim because you worked 10 fewer hours than the Act requires. But the Canada Revenue Agency could decide that you should have received credit for 10 more hours of overtime than the employer acknowledged. In that case you would qualify. If in doubt about right type of appeal to file, seek legal advice.
}}


== First steps ==
== First steps ==


=== Appeal to Board of Referees === 
# File a written notice of appeal to the Board of Referees. You can do this by letter, or you can use an optional [http://www.ei.gc.ca/eng/referees.shtml#file appeal form].   
# File a written notice of appeal to the Board of Referees. You can do this by letter, or you can use an optional [http://www.ei.gc.ca/eng/referees.shtml#file appeal form].   
# Complete and submit the letter or appeal form within 30 days after receiving EI's decision. Preferably attach a copy of the decision you are appealing.
# Complete and submit the letter or appeal form within 30 days after receiving EI's decision. Preferably attach a copy of the decision you are appealing.


=== Appeal to Canada Revenue Agency ===
Some decisions cannot be appealed to the Board of Referees, such as decisions about how many hours you worked, or whether your job was insured under the EI system. Such "insurability" questions must be appealed within 90 days to the Canada Revenue Agency (CRA), with a further appeal to the Minister of National Revenue and the Tax Court.
Choosing the right type of appeal can be tricky. For example, if you have worked 690 hours in a region where 700 hours are required, the Referees couldn't allow your claim because you worked 10 fewer hours than the Act requires. But the CRA could decide that you should have received credit for 10 more hours of overtime than the employer acknowledged. In that case you would qualify. If in doubt about right type of appeal to file, seek legal advice.


== What happens next ==
== What happens next ==
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