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Difference between revisions of "Social Security Tribunal Overview (8:XIII)"
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Social Security Tribunal Overview (8:XIII) (view source)
Revision as of 19:14, 29 August 2023
, 19:14, 29 August 2023→C. Appeal Division
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: If the appeal is proceeded with, there are several types of hearings available: | : If the appeal is proceeded with, there are several types of hearings available: | ||
:* Written: the Member will ask the claimant questions and request a written response by a certain date | |||
:* Telephone | |||
:* Videoconference | |||
:* In-Person | |||
The Member will choose the type of hearing to be used. The Tribunal will telephone or write to the claimant to arrange the hearing. Following the hearing, the Member will send the claimant a copy of the decision. | The Member will choose the type of hearing to be used. The Tribunal will telephone or write to the claimant to arrange the hearing. Following the hearing, the Member will send the claimant a copy of the decision. | ||
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: If a claimant submits an appeal form after the 30 days, the claimant can request an extension in the form. However, the decision is ultimately up to the Tribunal’s discretion as to whether to grant the extension. When a Notice of Appeal is received, a Tribunal Member will be assigned to the claimant’s file to decide whether to grant permission to allow the appeal to proceed. The grounds for appeal to the Appeal Division are: | : If a claimant submits an appeal form after the 30 days, the claimant can request an extension in the form. However, the decision is ultimately up to the Tribunal’s discretion as to whether to grant the extension. When a Notice of Appeal is received, a Tribunal Member will be assigned to the claimant’s file to decide whether to grant permission to allow the appeal to proceed. The grounds for appeal to the Appeal Division are: | ||
:* the General Division failed to observe a principle of natural justice or otherwise acted beyond, or refused to exercise, its jurisdiction; | |||
:* the General Division erred in law in making its decision; or, | |||
:* the General Division based its decision on an erroneous finding of fact that was made in a perverse or capricious manner or without regard for the evidence before it. | |||
A claimant will be informed in writing if their application for permission to appeal is dismissed. Permission is not required when appealing a General Division decision to summarily dismiss the appeal. | A claimant will be informed in writing if their application for permission to appeal is dismissed. Permission is not required when appealing a General Division decision to summarily dismiss the appeal. | ||
