Appealing to a Review Tribunal

General Information

If you want to appeal a reconsideration decision under the Canada Pension Plan (CPP) or Old Age Security (OAS) that has been made by Social Development Canada (previously called Human Resources Development Canada), send your appeal to the Office of the Commissioner of Review Tribunals CPP/OAS.

Who we are

We, the Office of the Commissioner of Review Tribunals (OCRT), are not part of the administration of Social Development Canada (SDC) that made the original decision on your benefit application. We are an independent office.

When you appeal a reconsideration decision, our office:

• receives your letter of appeal,
• makes the necessary arrangements for your appeal to be heard by a Review Tribunal, and
• sets a date, time and place for your hearing in Canada.

A Review Tribunal is an independent and impartial panel that is made up of three people chosen by the Commissioner from a group of appointed members from every region of Canada.

• The chairperson of the Review Tribunal is a lawyer.
   
• If your appeal is regarding a Disability Pension, one of the three members will be a qualified health care professional.
   
• The other person will be a community member.

The Review Tribunal can only make decisions based on the CPP or OAS legislation. It cannot change the legislation or make exceptions. The Tribunal will consider all the information made available to them about your case. It will take an entirely new look at your case to see if you qualify for a CPP or OAS benefit.

Here is a brief outline of how an appeal works, including how to begin the process. If you appeal, you will receive additional information about the process.

How to appeal

Send us a letter of appeal no later than 90 days after you receive the reconsideration decision of Social Development Canada.
Be sure to include:

• Your name, address and telephone number including area code.
• Your Social Insurance Number.
• The reason you are appealing.
• The date that you were notified of the decision of the Minister.
  • You may wish to include a copy of Social Development Canada's decision letter.
• Your representative's name, address and telephone number with your signed authorization, if you decide to have someone represent you.

To help you, you can use the "Notice of Appeal" form and the "Authorization to Disclose" form. Both forms are available on our website or by calling the OCRT.

Send your appeal to the address listed at the end of this document.

About your Hearing

Once you appeal, we will arrange a date for your hearing and allow plenty of time for you to prepare. We will request and send you a copy of the information we received from Social Development Canada about your case.

You need to make sure that before your hearing you review all this information, and provide any additional information that supports your case.

Up until the day of your hearing, the OCRT will pay the cost of photocopying and getting medical records that are already on file with your doctors and hospitals. Please submit the original receipts for reimbursement.

The hearing will be held as close to your home as possible. Reasonable expenses are paid by the OCRT to get you to your hearing if you live in Canada. If overnight accommodation is required, you must call our office for approval in advance of going to your hearing.

Please notify us if you need an interpreter, the hearing is informal and will be conducted in your choice of English or French.

You can decide to present your own case before the Review Tribunal. Or you may decide to have someone represent you, at your own expense. Before retaining a representative, you should be clear about the fees that they may charge.

Your hearing will be private and confidential - you may bring witnesses to provide information at the hearing and a family member or friend to support you. Social Development Canada will also send someone to explain their decision. The only other people allowed at your hearing may be persons directly affected by the decision made on your case.

If you need more information please call our office.

Available in alternate format

Produced by:

Office of the Commissioner of Review Tribunals CPP/OAS

June 2004

Aussi disponible en français sous le titre « Appel auprès d'un tribunal de révision - Renseignements généraux »

ISBN 0-662-37129-1 Cat. No. SD39-2/2004E

© Her Majesty the Queen in Right of Canada