4,104
edits
Changes
→G. Judicial Review (if the Appeal to the EAAT is Unsuccessful)
OPTION 1: Where the appellant has applied for a benefit and been denied, and where it is important for her to get the benefit right away, she can re-apply. If there is new evidence on which to base a new application that should be submitted; otherwise she can still reapply although her appeal rights on the new application will be limited.
OPTION 2: Where the decision is very seriously problematic (see below) and there is some benefit to having a court overturn the original decision, students can advise the client to seek judicial review. A judicial review may be possible where the Tribunal decision has very serious problems with it, such as: *issues of procedural fairness; *errors of law; or *glaring errors of fact that a judge would be able to see just by reading the decision and looking at the documentary evidence. Note there is a '''60 day time limit ''' for bringing judicial reviews. == H.Tips for the LSLA P LSLAP Student Representative •Representatives == *Representatives should read Part 6 of the EAR carefully to offer advice on the appeal process. •The *The representative should determine what the issues are and read all of the relevant sections of the EAA or the EAPWDA and the associated Regulations. •A *A representative should have the client fill out an “Authorization for Advocate and Confidentiality” form authorizing the representative to examine the client’s MSDSI file. Also, if the case is at the EAAT level, a “Release of Information” form from the EAAT website should be completed. These forms are needed to communicate with the MSDSI and the EAAT about the client’s case. •If *If a client has received a decision from MSDSI but has not yet taken any appeal steps, the representative should advise him or her to obtain a “Request for Reconsideration” form from the MSDSI office and to complete and return it to his or her local MSDSI office. This must be done within '''20 business days ''' of getting the decision. If there is enough time, it is very helpful if you can help the client to fill in the Request for Reconsideration. •If *If an applicant has already received a reconsideration decision, and the matter is appealable (see above) advise him or her to complete a Notice of Appeal form and to send it to the EAAT '''within seven business days ''' of getting the reconsideration decision. •With *With the law as set out by the Act and regulation in mind, the representative should get copies of all relevant documents and review the details of the client’s case. It is vital to have a clear, comprehensive account of the facts as your client understands them. •If *If the applicant submits additional documentation as evidence, such as medical reports, affidavits, or receipts, make enough copies for MSDSI’s representatives and the tribunal members. Because there is no registry for administrative support for the tribunal system, advocates must assume responsibility for seeing that all documentation is well-organized. •At *At all levels of appeal, it is best to have a written statement of one’s presentation of the facts in case there is a judicial review. Hearings at the EAAT are not otherwise recorded. •See *See above for specific tips on each level of appeal.