Timeframe

The following activities are performed during the Review Tribunal appeal process. These activities involve the Appellant, OCRT, Human Resources and Skills Development Canada and the Review Tribunal Panel Members.

• Initiating an Appeal with the OCRT
• The First 30 Days
• Within 3 Months
• Within 6 Months
• At Least 30 Days Before Your Hearing
• Your Hearing and Decision
• Appealing the Review Tribunal Decision under the Canada Pension Plan (CPP)
• Appealing the Review Tribunal Decision under the Old Age Security Act (OAS)

See also How to Appeal - CPP Appeals, or How to Appeal - OAS Appeals.

Initiating an Appeal with the OCRT

When you decide to appeal a Reconsideration decision made by Human Resources and Skills Development Canada (HRSDC) about Canada Pension Plan (CPP) benefits, you must initiate an appeal with the OCRT within 90 days of receiving the decision letter from HRSDC.

Once the 90 day period is expired, your request will only be accepted if you have a valid reason for being late. (Section 82, CPP)

The First 30 Days

• We receive your letter of appeal.
• We call you to acknowledge receipt of your appeal and to confirm a few other details such as your address and to tell you about the information that we will send you about the appeal process.
• If you need telephone interpretation to understand our conversation, we will provide it.
• After the call we will send you a letter, which confirms that we have received your appeal.
• We will communicate with your representative if you have one. In order to do so we need a signed Authorization to Disclose form. A letter from your lawyer is also acceptable.
• We obtain a copy of the information used by HRSDC to make its decision.

What you need to do

• If we are unable to speak with you when we call, please call us so we can verify your address and talk about other important details.
• Read the brochure and watch the video that was sent to you to get a better understanding of the appeal process.
• If you decide to have someone represent you, we will need a signed authorization to disclose information to your representative. If a lawyer is your representative, a letter from the lawyer is enough.
• Send us any additional information that may support your appeal as soon as possible.

Within 3 months

• We send you and your representative, if you have one, a package containing the first part of your Hearing File. This part of the Hearing File contains all the information we have received from HRSDC about your appeal.
• In the Hearing Preparation Workbook, you will find information that will help you to better understand your Hearing File and how to start preparing for your hearing.
• We will also tell you the month your appeal may be scheduled. Please call us right away if you can be ready sooner or if you cannot be ready by the month scheduled.
• A Client Services Officer will call you to discuss:
  • the process and the legislation that applies to your appeal
  • that it is your responsibility to prove to the Review Tribunal that you are entitled to the benefit or pension you applied for
  • what you need to do to get ready for your hearing
  • if you decided to obtain the services of a representative
  • if there is missing information from your Hearing File
  • if you will be submitting more information to support your appeal
  • if you intend to have witnesses at your hearing
  • if you have special needs for the hearing
  • if you are ready to proceed and have no further documents to submit
• The Client Services Officer will then send you a letter summarizing the information discussed over the telephone.
• If we cannot reach you, the Client Services Officer will send you a letter with the information you need to know.

What you need to do

• If you have not already done so, start preparing for your hearing.
• Make sure you understand your Hearing File, including:
  • why your application was denied
• Check to make sure that the information in the Hearing File is complete.
  If information is missing, call your Client Services Officer.
• Write down any questions you have or what you do not understand to discuss with your Client Services Officer.
• Expect your first call from your Client Services Officer who will discuss information related to your appeal. Be prepared with your questions when we call.
• Let us know if you intend to have any witnesses at your hearing.
• Send us any additional information that may support your appeal as soon as possible.
• If you have obtained the services of a representative, send us an Authorization to Disclose form. If you have hired a lawyer to represent you, the lawyer can send us a letter.

Within 6 Months

• A Scheduling Agent will phone you with the date, time and location of your hearing, confirm that you are ready to proceed and then will send you a letter containing this information.
• Your Client Services Officer will call you a second time to discuss more information related to your appeal and to confirm that you are ready for your hearing.
• The Client Services Officer will send you a letter and a summary of information important for your appeal.

What you need to do

• When the Scheduling Agent calls to let you know the date, time, and location of your hearing, make sure you ask about the arrangements for you to attend. If you need travel arrangements, let the Scheduling Agent know.
• Be prepared for the second call from your Client Services Officer. The purpose of this call is to discuss your readiness for your hearing. Be prepared with any more questions you have.
• Make sure all documentation has been submitted.
• Prepare your arguments for the hearing. Focus on what you need to prove. Ensure you can demonstrate to the Review Tribunal why you should be given the benefit.

At Least 30 Days Before Your Hearing

• We will send you and your representative, if you have one, the second part of your Hearing File. This will include any additional documents that have been submitted by you or HRSDC as part of your case since we sent you the first Hearing File.
• When we receive HRSDC's Explanation of Decision under Appeal, we will send it to you. This is HRSDC's argument to the Review Tribunal and its rationale for denying your application. It is not the Review Tribunal's decision. The Review Tribunal will make its decision after your hearing.

What you need to do

• If you have not received the first part of your Hearing File, call us.
• Review the second part of your Hearing File carefully to make sure all the documents you have sent us are included. If information is missing call us. Also, review any new documents that HRSDC may have submitted.
• Read HRSDC's Explanation of Decision under Appeal very carefully. Remember that this is HRSDC's argument to the Review Tribunal. It is not the Review Tribunal's decision.
• If you disagree with HRSDC's argument, be prepared to attend the hearing and explain to the Tribunal why you disagree. You may want to obtain more information to support your appeal. If you need more time to do so, call your Client Services Officer. Your hearing may need to be postponed.
• If you have questions at any time, please call your Client Services Officer.

Your Hearing and Decision

• You have your hearing and present your case to the Review Tribunal. HRSDC will also present their argument.
• The OCRT will send you the Review Tribunal's decision and supporting written reasons by registered mail in 8 weeks of the hearing date.

Appealing the Review Tribunal Decision under the Canada Pension Plan (CPP)

• Within 90 days of receiving the decision of the Review Tribunal, any party to the appeal may apply for leave to appeal to the Pension Appeals Board. The Commisioner (OCRT) cannot change a Review Tribunal's decision.
• A Tribunal's decision is final and binding (see Levels of Appeal - For OAS).
• Information about appealing to the Pension Appeals Board will be sent to you with the Review Tribunal's decision.

Appealing the Review Tribunal Decision under the Old Age Security Act (OAS)

• A Tribunal's decision is final and binding (see Levels of Appeal - For OAS). The Commissioner cannot change a Review Tribunal's decision.
• However, if there is a question about the law, you can make an application for judicial review of the Review Tribunal's decision. When you get your decision you will receive information about the Federal Court of Canada and the judicial review process. You can also find out more about judicial review on the Federal Court of Canada website.