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Difference between revisions of "I've Been Turned Down for Employment Insurance Benefits"

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I've Been Turned Down for Employment Insurance Benefits (view source)

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| text      = '''Alert:''' As of April 1, 2013, all appeals for Employment Insurance must be submitted to a new Social Security Tribunal (SST). The Government of Canada's website provides a [http://www.canada.gc.ca/sst-tss/hta-cij/hta-cij-eng.html summary of the new appeal process]. <br>
| text      = '''Alert:''' As of April 1, 2013, all appeals for Employment Insurance must be submitted to a new Social Security Tribunal (SST). The Government of Canada's website provides a [http://www.canada.gc.ca/sst-tss/hta-cij/hta-cij-eng.html summary of the new appeal process]. <br>
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}}If you are unemployed, and have worked the required number of hours during the "qualifying period" before losing your job, you may be entitled to Employment Insurance (EI) benefits.  
}}If you are unemployed, and have worked the required number of hours during the ''qualifying period'' before losing your job, you may be entitled to Employment Insurance (EI) benefits.  


The number of hours required to be entitled to EI benefits depends on the type of benefits you are seeking, your employment history, and the unemployment rate in the region where you live. Regular benefits require 420 to 700 hours of work, unless you are a new entrant or re-entrant to the labour force, in which case you <span class="noglossary">will</span> need 910 hours. EI also pays special benefits for workers who are unemployed due to sickness, pregnancy, being a new <span class="noglossary">parent</span>, or providing compassionate care for a gravely ill or dying person. To receive special benefits, you <span class="noglossary">will</span> need 600 hours of work.
The number of hours required to be entitled to EI benefits depends on the type of benefits you are seeking, your employment history, and the unemployment rate in the region where you live. Whatever the number of hours required, they must have been worked in your qualifying period, which is usually the year before you apply.  


Whatever the number of hours required, they must have been worked in your qualifying period, which is usually the year before you apply. Sometimes the period can be longer or shorter than a year, however.
If you have quit your job without just cause or were fired for misconduct, you <span class="noglossary">will</span> usually be disqualified from receiving any regular EI benefits. If you are not available for work (which includes actively looking for a job), you can be disentitled until you become available. And if you make false statements to EI, you can be required to repay any benefits you shouldn't have received, and you may also have to pay EI a penalty for having acted dishonestly.   
 
If you have quit your job without just cause or were fired for misconduct, you <span class="noglossary">will</span> usually be disqualified from receiving any regular benefits. If you are not available for work (which includes actively looking for a job), you can be disentitled until you become available. And if you make false statements to EI, you can be required to repay any benefits you shouldn't have received, and you may also have to pay EI a penalty for having acted dishonestly.   


''All such decisions are appealable.'' If EI has turned down your claim, or disqualified, disentitled or penalized you, you can <span class="noglossary">appeal</span> within 30 days of receiving the <span class="noglossary">decision</span> to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's <span class="noglossary">decision</span> if they believe that it was wrong. They cannot change the law, however.   
''All such decisions are appealable.'' If EI has turned down your claim, or disqualified, disentitled or penalized you, you can <span class="noglossary">appeal</span> within 30 days of receiving the <span class="noglossary">decision</span> to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's <span class="noglossary">decision</span> if they believe that it was wrong. They cannot change the law, however.   
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| tips = Choosing the right type of appeal can be tricky. For example, if you have worked 690 hours in a region where 700 hours are required, the Social Security Tribunal couldn't allow your claim because you worked 10 fewer hours than the law requires. The Social Security Tribunal cannot change the law. But the Canada Revenue Agency could decide that you should have received credit for 10 more hours of overtime than the employer acknowledged. In that case you would qualify. If in doubt about the right type of appeal to file, seek legal advice.
| tips = Choosing the right type of appeal can be tricky. Some "insurability" questions, such as whether your job was insured under the EI system, must be appealed to the Canada Revenue Agency (CRA) rather than the Social Security Tribunal. If in doubt about the right type of appeal to file, seek legal advice.
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Drew Jackson
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