Levels of Appeal

• For Canada Pension Plan (CPP)
   
• For Old Age Security (OAS)

For Canada Pension Plan (CPP)

There are three levels of appeal for CPP:

1. Reconsideration by SDC

A Reconsideration is the first level of the appeals process. To request a Reconsideration of a decision, a person must write to SDC within 90 days of receiving the decision letter regarding a benefit.

The OCRT can only accept an appeal of a Reconsideration decision.

See (SDC Site) Canada Pension Plan - Question #19.

2. Appeal to the Commissioner of Review Tribunals (CPP/OAS)

If you disagree with the Reconsideration by SDC, you may file an appeal to the Commissioner of Review Tribunals within 90 days of receiving the Reconsideration decision. The OCRT organizes a Review Tribunal (see The Review Tribunal Appeal Process).

3. Appeal to the Pension Appeals Board (PAB)

The Pension Appeals Board is the final chance to appeal under the CPP. Like the OCRT, it is independent from SDC. An Appellant, Added Party, or the Minister of SDC can appeal a Review Tribunal decision to the Pension Appeals Board. The Appellant, Added Party and/or the Minister must request permission to appeal by writing to the Pension Appeals Board within 90 days of receiving the decision letter from the OCRT.

The PAB consists of a panel of judges (normally three) of the Federal Court or a Provincial Court. If the PAB refuses to hear your appeal, the Review Tribunal decision is final and binding. If permission to appeal is granted, the PAB will meet to hear the appeal in the area in which the Appellant lives. The decision of the PAB is final, but subject to judicial review by the Federal Court of Appeal.

See Pension Appeals Board.

For Old Age Security (OAS)

There are two levels of appeal for OAS:

1. Reconsideration by SDC

A Reconsideration is the first level of the appeals process. To request a Reconsideration of a decision, a person must write to SDC within 90 days of receiving the decision letter.

See The Old Age Security Appeals Process.

2. Appeal to the Commissioner of Review Tribunals (CPP/OAS)

If you disagree with the Reconsideration decision from SDC, you may then file an appeal with the Commissioner of Review Tribunals (CPP/OAS) within 90 days of receiving the Reconsideration decision. The OCRT organizes a Review Tribunal (see The Review Tribunal Appeal Process).

In the case of an appeal involving OAS benefits, the decision of the Review Tribunal is final and binding. However, if there is a question of law, any of the parties may seek a judicial review by the Federal Court of Canada.