When Your Application is Denied

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When Your Application is Denied

 There are four levels of appeal.

  • The first level is to request for reconsideration to Service Canada. The second and third levels will be handled at an administrative tribunal called the Social Security Tribunal (“SST”). The fourth level is Judicial Review at the Federal Court.
  • The basic idea of arguing that you are entitled to the benefit continues through all four levels. However, your claim will be decided by different decision-makers.  A medical adjudicator will review your application at the reconsideration level. If it goes to the tribunal level, you will have to present your case at a hearing in front of a member. At the Federal Court, a judge will hear the case.
  • It is critical to analyze the reasons for the denial before you decide to appeal. For example, if you did not meet the eligibility requirement, you might decide to see if there is a way to fulfill those requirements instead of appealing the decision. If the adjudicator who assessed your application misunderstood facts or did not consider a vital document you submitted, you may have solid grounds for an appeal.
  • The following instructions give you a general guide on what you can expect in each level of appeal. We understand how challenging it could be to decide what your next action should be. You can contact us online or fill out the free consultation form if you need help. We will review the decision letter together and give you advice that serves your best interest.
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