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Appealing a decision about social assistance

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Step 5: Get ready for the hearing

If you are appealing a decision that says you are not a person with a disability, you have to:

  • get any new medical information to both the Social Benefits Tribunal (SBT) and the Disability Adjudication Unit (DAU)
  • do this at least 30 days before the hearing

If you are appealing any other decision, your documents are due at least 20 days before the hearing.

The SBT rules say when you have to give the documents to the SBT and the office that made the decision you are appealing.

The office that made the decision you are appealing also has to follow rules about how and when to give forms and reports to the SBT and to you.

Rules about documents, forms, and witnesses

There are detailed rules that you have to follow when you appeal to the SBT.

For example, there are rules about how and when you must:

  • prepare documents, including formatting, page numbers, and having a cover page that lists documents
  • use SBT forms, for example, New Medical Information (Form 5) and Notice of Human Rights Code Claim (Form 4)
  • file documents, including rules about using fax or email

You file your documents when you give them to the SBT and have followed the rules about how to do this.

There are also rules about how and when you must:

  • give copies of documents to the office that made the decision you disagree with, and prove that you have done this
  • give a list of any witnesses who will give evidence at your hearing to the SBT and the office that made the decision you disagree with

The rules and the forms are on the SBT’s website.

If you do not follow the rules

If you do not follow all of the rules, the SBT can refuse to:

  • consider documents
  • hear from a witness
  • consider evidence
  • consider your reasons for appealing

Even if you do not follow the rules, the SBT may decide that they will still look at your documents and evidence, and hear from your witnesses. But they do not have to do this. So it is very important to follow the rules.

Keep a copy of everything you file with the SBT. And make sure you have proof of the date you file something and the date you deliver it to the office that made the decision you are appealing.