Welfare Appeals (21:XI): Difference between revisions
Jump to navigation
Jump to search
→H. Tips for the LSLAP Student Representative
No edit summary |
|||
| Line 129: | Line 129: | ||
*A representative should have the client fill out a “Consent to Disclosure of Information- Service Authorization” (HR3189A) form authorizing the representative to examine the client’s Ministry file and to make service requests on behalf of the client (i.e. requests for reconsideration or appeal). The “Consent to Disclosure” (H3189) form authorizes only the release of information and does not authorize representatives to make service requests on the client’s behalf, so LSLAP students will generally want to use the former. These forms can be found here: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/master-lists/forms-and-letters-master-list. | *A representative should have the client fill out a “Consent to Disclosure of Information- Service Authorization” (HR3189A) form authorizing the representative to examine the client’s Ministry file and to make service requests on behalf of the client (i.e. requests for reconsideration or appeal). The “Consent to Disclosure” (H3189) form authorizes only the release of information and does not authorize representatives to make service requests on the client’s behalf, so LSLAP students will generally want to use the former. These forms can be found here: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/master-lists/forms-and-letters-master-list. | ||
*Also, if the case is at the EAAT level, applicants should complete a “Release of Information” form from the EAAT website. These forms are necessary for communicating with the Ministry and the EAAT about the client’s case. | *Also, if the case is at the EAAT level, applicants should complete a “Release of Information” form from the EAAT website. These forms are necessary for communicating with the Ministry and the EAAT about the client’s case. | ||
*If a client has received a decision from the Ministry but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the Ministry and complete and return it to the Ministry. This must be done within '''20 business days''' of getting the decision and can be done online or in person. It is very helpful if you can help the client to fill in the Request for Reconsideration. Remember you can request an extension of time to submit further evidence and argument in support of a reconsideration. (See [[Welfare Appeals (21:XI)| Section XI: E. Appeal Level 1: Reconsideration]]). | *If a client has received a decision from the Ministry but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the Ministry and complete and return it to the Ministry. This must be done within '''20 business days''' of getting the decision and can be done online or in person. It is very helpful if you can help the client to fill in the Request for Reconsideration. Remember you can request an extension of time to submit further evidence and argument in support of a reconsideration. (See [[Welfare Appeals (21:XI)# E. Appeal Level 1: Reconsideration|Section XI: E. Appeal Level 1: Reconsideration]]). | ||
*If an applicant has already received a reconsideration decision, and the matter is appealable (see above) advise them to complete a Notice of Appeal form and to submit it to the EAAT within twenty business days after the client received the reconsideration decision. | *If an applicant has already received a reconsideration decision, and the matter is appealable (see above) advise them to complete a Notice of Appeal form and to submit it to the EAAT within twenty business days after the client received the reconsideration decision. If a client has already missed a deadline to appeal to the EAAT, a notice of appeal can still be filed with a request for an extension, as the EAAT chair can extend the appeal deadline if the chair is satisfied that special circumstances exist. | ||
*With the law as set out by the Act and regulation in mind, the representative should get copies of all relevant documents and review the details of the client’s case. It is vital to have a clear, comprehensive account of the facts as your client understands them. | *With the law as set out by the Act and regulation in mind, the representative should get copies of all relevant documents and review the details of the client’s case. It is vital to have a clear, comprehensive account of the facts as your client understands them. | ||
*If the applicant submits additional documentation as evidence, such as medical reports, statutory declarations, or receipts, make enough copies for the Ministry’s representatives and the tribunal members. Because there is no registry for administrative support for the tribunal system, advocates must assume responsibility for seeing that all documentation is well-organized. | *If the applicant submits additional documentation as evidence, such as medical reports, statutory declarations, or receipts, make enough copies for the Ministry’s representatives and the tribunal members. Because there is no registry for administrative support for the tribunal system, advocates must assume responsibility for seeing that all documentation is well-organized. | ||