Difference between revisions of "Social Security Tribunal Overview (8:XIII)"

{{REVIEWED LSLAP | date= August 1, 2023}}

{{LSLAP Manual TOC|expanded = EI}}

If the claimant is unhappy with the decision following the reconsideration, the claimant may file an appeal to the SST. General information about the Tribunal appeal process can be found [http://www.canada.ca/en/sst/index.html online].

A comprehensive guide to appeals to the General Division and Appeals Division called “Challenging A Decision About Your Employment Insurance Claim: Reconsideration and the Social Security Tribunal” can be found on the Community Legal Assistance Society [https://clasbc.net/resources/self-help-guides/ website].

::* 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.  

=== 1. Discretionary Decisions ===

Discretionary decisions such as the Commission’s refusal to extend time, or its decision regarding the length of disqualification, can only be reversed if it is decided that the original decision:

:a) ignored or failed to consider a relevant factor, including something the Commission was unaware of, such as health problems or other information;

:b) acted on an irrelevant factor;

:c) committed a jurisdictional error; or

:d) acted against the principles of natural justice, such as acting with bias or bad faith.

The issue is whether the Commission’s exercise of discretion in the original decision was reasonable. However, where the Commission has failed to consider relevant evidence, or where there is new evidence presented for the first time by the claimant, the reviewer can exercise remedial authority by making the decision that should have been made. It is rarely difficult in a deserving case to show that the Commission has disregarded some relevant fact.

=== 2. Amount of Penalty ===

Courts have also determined that the ''amount'' of a penalty for making false statements may also be appealed only to the extent that in coming up with the amount of penalty, the Commission committed an error, such that the decision or the decision-making process was unreasonable. That being said, as stated above, one can often find some relevant “fact” that the Commission failed to consider.

Keep in mind that the decision to apply a penalty can always be appealed.

A claimant can apply to the Commission or the SST to rescind or amend a decision if there are new facts or the decision was made without knowledge of, or was based on a mistake as to, some material fact. This application can only be made once and must be submitted within one year of the decision.

== C. Appeal Division ==

::* 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.

If permission is granted for the appeal, the parties have 45 days to provide submissions. If no submissions are received, the Member will decide whether to allow the appeal to proceed based on the documents or submissions on file.  

In some cases, the Appeal Division will decide solely on the basis of the written record and submissions, and the Member will decide if a hearing is necessary. The hearing process used is the same as the General Division.

Following the hearing, the Member will send the claimant a copy of the decision. The decisions of the Appeal Division are subject to review under the ''Federal Courts Act''.