• If your request for reconsideration failed, you can bring an appeal to the General Division.
• You must prove that you have valid reasons to appeal and provide evidence to support your reasons. If you do not have valid grounds for your appeal, your case may be summarily dismissed.
• If the tribunal believes that you have valid reasons and a reasonable chance of success, they will schedule a hearing.

When do I appeal the decision? Is there a deadline?

• You will have 90 days to appeal after receiving the reconsideration decision. This 90-day period includes holidays and weekends. You need to use the “Notice of Appeal Income Security” form and file it before the 90–day deadline ends. The form can be found here.

When do I send the supporting documents?

• You need to submit your supporting documents within a year from the date the SST receives your Notice of Appeal. Once the SST receives your Notice of Appeal, they will send you a letter confirming it and state the deadline to submit the documents in the letter.

I missed my 90-day deadline to appeal. Can I still bring an appeal?

• You will need to explain why you missed the deadline. If you have a reasonable explanation, you will need to provide supporting documents to prove it. Please note that the SST does not accept applications that are filed after a year from when the reconsideration decision is received.

What do I do after submitting my documents?

• If you are ready for a hearing, you need to notify the SST. You can fill out the Notice of Readiness form and send it to the SST. The Notice of Readiness form will be sent to you by the SST. You can also call or write.
• Here is an important tip. You need to ask yourself if you are really “ready” for the hearing. This includes identifying possible issues in your claim, preparing, and submitting all the documents, reporting and changes or updates, and establishing your argument. Once you notify the SST that you are ready, you may not be able to send in additional documents or make changes.
• A simple mistake may lead to getting your appeal denied. Make sure you review your documents before sending the Notice of Readiness. Having someone who has experience review the basis of your claim and the list of documents may help you to identify any gaps or mistakes.  

How do I contact the SST?

• You can find the most recent contact information and method on the SST website

o   Email

• info.sst-tss@canada.gc.ca

o   Mail

• Social Security Tribunal of Canada PO Box 9812 Station T Ottawa, ON K1G-6S3

o   Phone

• You will be asked to leave a message and get a call back. From 7:00 a.m. to 7:00 p.m. Eastern Time – Monday to Friday 1-877-227-8577 (toll-free in Canada and the United States) 613-437-1640 (from outside Canada and the United States – long distance charges may apply)

o   TTY

• For those who are deaf or hard of hearing 1-866-873-8381 (toll-free in Canada and the United States) 1-613-948-8181 (from outside Canada and the United States – long distance charges may apply)

 

What do I need to prepare for my hearing?

• A tribunal stage is different from the previous stages. In the application and reconsideration stage, a medical adjudicator decided you case in their office. At a tribunal, a member will decide your case at an open hearing.
• A hearing is not a trial. It is less complex and more flexible compared to a trial process. However, there are rules and procedures you are expected to follow. For example, there are rules on when and how to make submissions. There are different standards for determining whether the decision was right or wrong. In addition, you will need to argue effectively against Service Canada’s reasons for denial.
• Preparing for a hearing can be stressful, especially after trying so hard to get your benefits for months. For most people, attending an open hearing is scary. Our team at Juzkiw Law can provide you with a strategy to make your appeal successful:
•  We can review the documents you received from Service Canada, including decision letters and legal brief.
• We can identify the best argument to establish your case.
• We can navigate which document will make your case stronger
• We can prepare a legal brief to present to the member of the tribunal
• We can prepare you for the hearing and advocate on your behalf

What happens at the hearing?

• Currently, SST allows you to choose from phone hearing, videoconference hearing, or in – person hearing. You can check off the method you prefer in the Notice of Appeal. 
• Consider your location, your schedule, the documents you are planning to present, and witnesses when you decide your mode of hearing. You also need to consider what would be the most effective mode of hearing to build your case.
• You will get a notice of hearing that states the date, time, and place of your hearing.
• You are required to attend the hearing when you testify or represent yourself
• Even though a tribunal hearing is not as formal as a trial, make sure you dress up and behave professionally.
• At the hearing, you explain to the member why Service Canada’s decision is wrong and why your claim should be approved.

How long does it take to get a decision from the tribunal?

• In most cases, an applicant will get a decision letter within 30 days from the hearing date. You can get the standard time published by the SST here.

My decision letter reads “Decision – Summarily Dismissed.” What does it mean?

• It means that the member thought your claim did not have a valid argument or reasonable chance to succeed, therefore, dismissed your claim.
• A hearing will not be scheduled, and your case will be closed. The decision you received from the request for reconsideration will stay. If you disagree with this decision, you can appeal to the Appeal Division.