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.  

'''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:  

*reconsideration (which is an administrative review done within the MSDSI) and  

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.   

“Request for Reconsideration” forms can be picked up at MSDSI offices.   

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.  

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.  

The client '''must''' get the completed request for reconsideration in to MSDSI within 20 business days from the day the client was informed of the decision.  

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.   

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.   

If an applicant needs more time once he or she has filed the notice of appeal, the Tribunal has an adjournment request form online. Ideally  the applicant should get MSDSI to consent to the adjournment and send the form in at least 24 hours before the hearing. Applicants can also ask for an adjournment on the day if there is good reason.   

*MSDSI sends a representative to advocate for its point of view at most EAAT hearings; and  

*'''Documentary evidence''', which should be set it in to EAAT in advance if possible, but it is acceptable to bring it to the hearing, with enough copies for the three panel members and the MSDSI representative) and   

The EAAT must decide whether MSDSI’s reconsideration decision:  

If so, the panel must uphold MSDSI’s decision, and if not, the panel must rescind the Ministry’s decision. If the decision of the tribunal cannot be implemented without some further determination, then the tribunal must refer the further determination back to MSDSI.  

*A representative should have the client fill out an “Authorization for Advocate and Confidentiality” form authorizing the representative to examine the client’s MSDSI file. Also, if the case is at the EAAT level, a “Release of Information” form from the EAAT website should be completed. These forms are needed to communicate with the MSDSI and the EAAT about the client’s case.   

*If a client has received a decision from MSDSI but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the MSDSI office and to complete and return it to his or her local MSDSI office. This must be done within '''20 business days''' of getting the decision. If there is enough time, it is very helpful if you can help the client to fill in the Request for Reconsideration.   

*If the applicant submits additional documentation as evidence, such as medical reports, affidavits, or receipts, make enough copies for MSDSI’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.