Appealing a Decision to a Review Tribunal Under the Canada Pension Plan

Presenting your case

You can present your own case or have someone do it for you.

If you present your own case

• make sure you have all the information in your file to support your appeal       
• concentrate on what you need to prove to the Tribunal
• you can work with point form notes
• you can bring witnesses
• be ready to answer questions

The Review Tribunal may allow your spouse or someone else to stay with you during the hearing for support.

Witnesses may be asked to wait outside the hearing room until they are called upon to testify. This is referred to as the exclusion of witnesses. It is a procedure that assists the Review Tribunal to better weigh the credibility and reliability of oral evidence.

If you ask someone to present your case for you

You can appoint a representative to act on your behalf and to present your appeal to the Review Tribunal.

A representative can be a family member, a friend, a member of your community or an organization, or a professional such as a lawyer or advocate. You should not ask someone to represent you if that person also could be a witness in your case. Your representative must be in the hearing room at all times during your hearing.

We will communicate directly with your representative and provide you with a copy of any letters we send. We will give you and your representative all the information that has been provided to us concerning your case. After the hearing, we will send you and your representative a copy of the decision made by the Review Tribunal.

Obtaining a representative

Before you obtain a professional representative, you should be clear about any fees you may have to pay. The OCRT does not pay for a representative to help with your appeal.

If you are interested in having a qualified professional represent you, our website has information concerning Legal Aid Resources. If you do not have access to the internet, please call us and we will provide you with the Legal Aid Resource contacts in your area.

Let us know right away if you have a representative. This way, your representative will have plenty of time to prepare for the hearing.

We will need your written permission in order to share information or communicate with your representative.

If you have obtained the services of a representative, we will need one of the following:

• a completed copy of the Authorization to Disclose Form. Authorization to Disclose Form You can also call us and we will send you the form
• a letter or fax signed by you with the name, address and telephone number of the person who will be representing you for this appeal
• a letter from your lawyer

If you change your representative, you must notify us by letter as soon as possible and give us the name, address and telephone number of your new representative.