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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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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. | 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 | ''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. | ||
Some decisions cannot be appealed to the | Some decisions cannot be appealed to the Social Security Tribunal, such as decisions about how many hours you worked, or whether your job was insured under the EI system. Such "insurability" questions must be appealed within 90 days to the Canada Revenue Agency (CRA), with a further <span class="noglossary">appeal</span> to the Minister of National Revenue and the Tax Court. | ||
''If you feel that EI has treated you unfairly, the best advice is simple: APPEAL!'' It's free, and it's the only chance you have to receive the benefits you feel you deserve. | ''If you feel that EI has treated you unfairly, the best advice is simple: APPEAL!'' It's free, and it's the only chance you have to receive the benefits you feel you deserve. | ||
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{{Tipsbox | {{Tipsbox | ||
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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 | | 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 Act 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. | ||
}} | }} | ||
== First steps == | == First steps == | ||
# | #Complete a written [http://www.canada.gc.ca/sst-tss/hta-cij/eigendiv-divgenae-eng.html Notice of Appeal to the Social Security Tribunal General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure that you include all the information that is required on the form. | ||
# | #Submit the appeal form or letter to the SST by mail or fax within 30 days after receiving EI's <span class="noglossary">decision</span>. It is best to attach a copy of the <span class="noglossary">decision</span> you are appealing. | ||
== What happens next == | |||
After your appeal has been filed, the Social Security Tribunal will send you a copy of your EI file, which contains all the information EI used to make its decisions on your application. A Social Security Tribunal member will review EI’s file as well as your appeal form or letter and any other information you have provided. The Tribunal member will decide if your appeal should proceed or should be dismissed. If it is dismissed, the Tribunal member will send you the decision in writing. | |||
Should your appeal go forward, the Tribunal member will determine if a decision will be made on the record or if a hearing will take place. A decision on the record means the Tribunal member will decide based on the documents and submissions that were filed. If a hearing will take place, the Tribunal will call or write to you to schedule the hearing. You can present your own case or you can arrange for someone such as a lawyer or an advocate or a friend to help you. | |||
Following the hearing, the Social Security Tribunal member will issue a decision and send you a copy. | |||
If you disagree with the decision made by the General Division, you can appeal to the second level of appeal at the Social Security Tribunal, the Appeal Division. You will need permission to appeal (leave to appeal) to this second level, unless you are appealing the General Division’s decision to summarily dismiss your appeal, in which case permission is not required. Your appeal must be filed within 30 days of receiving the General Division’s decision. | |||
== Where to get help == | == Where to get help == | ||
