Appealing a Decision to a Review Tribunal Under the Canada Pension Plan
What is a Review Tribunal?
A Review Tribunal is made up of three people chosen by the Commissioner from a group of appointed members from every region of Canada.
- The chairperson of a Review Tribunal is a lawyer.
- If your appeal is about a Disability Pension, one of the three members must be from a prescribed health profession.
A Review Tribunal:
- is an independent and impartial panel that will take an entirely new look at your case.
- does not act on behalf of Human Resources and Skills Development Canada (HRSDC) or on your behalf.
- will review all the information HRSDC used to make its decision in your case.
- will also consider any new information that you, HRSDC, or an added party submits. (Please see page 13 about providing new information).
A Review Tribunal makes a decision based on:
- the Canada Pension Plan legislation, which defines how a person qualifies for benefits; and
- the facts of your particular case.
A Review Tribunal can:
- Allow an appeal; that is, reverse or change a decision made by Human Resources and Skills Development Canada.
- Allow an appeal in part; that is, reverse or change a decision made by Human Resources and Skills Development Canada, but not to the extent requested by an Appellant.
- Deny the appeal; that is, confirm or maintain a decision made by Human Resources and Skills Development Canada.
- Determine that it has no authority to decide the issue brought before it.
A Review Tribunal cannot:
- Change or ignore the legislation passed by Parliament.
- Make a decision based on compassionate or sympathetic grounds.
- Hear appeals involving claims of administrative error or incorrect advice on CPP matters, or forgive overpayments.