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APPEALS

VIEWS: 48 PAGES: 4

									                                                                      JANUARY 2000




General Information
                                              about the Canada Pension Plan


                                        APPEALS
                                                                      PROCESS
Human Resources                          If you do not agree with a        You can help by providing as
                                         decision that has been made       much information as possible
Development Canada                       on your application or benefit,   throughout the process.
(HRDC) administers                       but still think you meet the
                                         requirements of the CPP legis-    A “yes” answer to the follow-
the Canada Pension                       lation, you have the right to     ing questions may affect the
Plan (CPP) and is                        appeal. Most CPP appeals          outcome of your appeal:
committed to inform-                     have been based on:               • Is there any new informa-
                                         • a benefit being denied;           tion that was not submitted
ing people about CPP                     • the amount of a benefit;          previously that might
benefits. We have pre-                   • the date payment begins; or       change our decision?
                                         • the benefit being cancelled.    • Were there times when you
pared this fact sheet                                                        did not work, or worked
for people who want                      There are three consecutive         less, in order to raise young
                                         decision review levels in the       children?
to know more about                       CPP appeals process:              • Did you work or live in a
the appeals process.                     1. request for reconsideration      country other than Canada?
                                         2. appeal to the Commissioner     • If you applied for a disabili-
                                         of Review Tribunals                 ty benefit, has important
                                         3. appeal to the Pension            medical information not
                                         Appeals Board                       been considered or not been
                                                                             submitted in relation to
                                         Before deciding whether to          your application?
                                         appeal, we encourage you to       • If you applied for a disabili-
                                         talk to an HRDC staff mem-          ty benefit, is your condition
                                         ber. Each appeal is different,      worse now than when your
                                         and the time it takes to have       application was submitted?
                                         your appeal decided will vary.


   Human Resources      Développement des
   Development Canada   ressources humaines Canada
                                                                                                 ISPB-279-01-00E
Overview of the Canada Pension Plan APPEALS PROCESS




                                                                  First Level

       Reconsideration by
            Human Resources Development Canada
        If you have decided to appeal,     Your request for reconsidera-       you their decision and the
        the first step is to request a     tion will be reviewed by staff      reasons for it by letter.
        reconsideration from HRDC.         who were not involved with
        You must make this request         the original decision. They         If you decide to appeal, it is
        in writing to your local           will look at your application       important to remember that
        HRDC office within 90              as well as any new informa-         you are responsible for provid-
        days of receiving the decision     tion supplied by you or on          ing HRDC with all information
        letter.                            your behalf. They will send         required to support the appeal.



                                                                  Second Level

       Appeal to the Office of the
            Commissioner of Review Tribunals
        The Office of the                  the HRDC reconsideration            fessional. The third panel mem-
        Commissioner of Review             decision letter. OCRT staff         ber is someone from the com-
        Tribunals (OCRT) is an inde-       will contact you about a date,      munity, from any walk of life.
        pendent agency which will          time, and location for your         The hearing is closed to the
        hear your appeal of HRDC’s         hearing. You can provide new        public. You may bring someone
        decision on your case. To          information to support your         to help you explain your case,
        ensure fair and impartial deci-    appeal before the hearing.          at your expense. An HRDC
        sions, it is completely separate                                       representative will also attend.
        from HRDC. If you wish to          The Review Tribunal consists of
        appeal the decision made on        three panel members. A lawyer       After the hearing, the OCRT
        your reconsideration, you          chairs the hearing and, for dis-    will inform you and HRDC
        must write to the OCRT             ability appeals, one of the panel   by letter of the panel’s deci-
        within 90 days of receiving        members is always a health pro-     sion and the reasons for it.
Overview of the Canada Pension Plan APPEALS PROCESS




                                                                Third Level

       Appeal to the
            Pension Appeals Board
       The Pension Appeals Board          The PAB will decide whether       and you may have legal coun-
       (PAB) is the third opportunity     there are grounds to hear an      sel or another person represent
       for appeal under the CPP.          appeal. If there are grounds      you. You may be eligible to
       Like the OCRT, the PAB is an       it will advise you and HRDC       claim some of the costs related
       independent agency. It is com-     in writing and schedule a         to your hearing.
       pletely separate from HRDC.        hearing. If the PAB decides
       You can provide any new            not to hear the appeal, it will   After the hearing, the PAB
       information before the hearing     advise you and HRDC in            will inform you and HRDC
       to support your appeal.            writing. The decision of          of their decision. PAB deci-
                                          the OCRT is then final and        sions are final. If you or
       You must request permission        binding.                          HRDC believes that there has
       to appeal (“leave to appeal”)                                        been an error in fact or in law,
       by writing to the PAB within       The PAB panel is made up of       you or HRDC may request a
       90 days of receiving the           three judges. The hearing is      judicial review of the PAB
       OCRT’s decision letter.            open to the public. Legal         decision at the Federal Court
       It is important to note that       counsel and appropriate           of Appeal.
       HRDC can also appeal an            expert witnesses always repre-
       OCRT decision.                     sent HRDC at these hearings,
Overview of the Canada Pension Plan APPEALS PROCESS




       For information on
              reconsideration...
                    For information on reconsideration, and to find out where to send new information,
                    you can call Human Resources Development Canada free of charge at:
                    1 800 277-9914      English
                    1 800 277-9915      French
                    (symbol) If you have a hearing or speech impairment and you use a TDD/TTY
                             device, please call 1 800 255-4786.

                    Our lines are busiest at the beginning and end of each month, so if your business can
                    wait, it’s best to call at other times. Please have your social insurance number ready.



       For information on the Office of the
              Commissioner of Review Tribunals...
                    For more information, you can call the Office of the Commissioner of Review
                    Tribunals free of charge at:
                                1 800 363-0076

                    or write,
                                P.O. Box 8250
                                Station “T”
                                Ottawa ON K1G 5S5



       For information on the
              Pension Appeals Board...
                    For information on a specific appeal, you can call the Pension Appeals Board free of
                    charge at:
                                1 888 640-8001

                    or write,
                                P.O. Box 8567
                                Station “T”
                                Ottawa ON K1G 3H9

								
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