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Appeal to the Social Security Tribunal

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If Service Canada's reconsideration decision on your OAS, GIS, Allowance or CPP still seems wrong, you can file a Social Security Tribunal appeal. The Tribunal is independent of Service Canada. You must file a Notice of Appeal with the General Division within 90 days of receiving the reconsideration decision, and there is no fee.

Check if you qualify

Key facts

Deadline to appeal to the General Division
90 days from the day you receive the reconsideration decision
Latest a late appeal can be accepted
1 year from the day you receive the reconsideration decision
Form
Notice of Appeal: Income Security
Deadline to apply to the Appeal Division
90 days from the day you receive the General Division decision
Deadline to go to court after the Appeal Division
30 days
Cost to appeal
No fee

What is the Social Security Tribunal?

The Social Security Tribunal (SST) is an independent tribunal. It decides appeals of Service Canada decisions about Old Age Security (OAS), the Guaranteed Income Supplement (GIS), the Allowance and the Canada Pension Plan (CPP). It is separate from Service Canada. In appeal papers, Service Canada's side is called the Minister or ESDC (Employment and Social Development Canada).

The Tribunal has two levels. The General Division hears your appeal first. The Appeal Division can review a General Division decision if you get permission.

When can you appeal to the Social Security Tribunal?

You need a reconsideration decision from Service Canada first. If you have not yet asked Service Canada to reconsider, read our guide on asking for a decision to be reviewed. The original decision letter is not enough to start an appeal.

You have 90 days from the day you receive the reconsideration decision to file your appeal. The Tribunal must receive your form within that time.

If you are late, explain why on your Notice of Appeal and send proof, such as medical records. A General Division member decides if your reason is reasonable. The Tribunal cannot accept an appeal filed more than 1 year after you received the reconsideration decision. If a late appeal is refused, the file is closed and Service Canada's decision stands. You can ask the Appeal Division to review that refusal within 90 days.

Mark the date you received the reconsideration decision on the letter itself. All of your deadlines count from that date.

How to file a Social Security Tribunal appeal

  1. Get your reconsideration decision letter and note the date you received it.
  2. Fill out the Notice of Appeal: Income Security form from the Tribunal's website. It is the same form for OAS, GIS and CPP appeals. You can also start an OAS, GIS or CPP appeal through My Service Canada Account.
  3. Give at least one way to identify the reconsideration decision, your reasons for appealing, the type of hearing you prefer, your language, and your signature.
  4. If someone will represent you, give their name and type of representative. You are responsible for any fees they charge.
  5. Attach any documents that support your appeal.
  6. Send it to the Tribunal by email to [email protected], by fax to 1-855-814-4117, or by mail to Social Security Tribunal of Canada, PO Box 9812, Station T, Ottawa, ON K1G 6S3.
  7. Keep a copy of the form, the documents and proof of the date you sent them.

What evidence should you include in your appeal?

The Tribunal does not look for documents for you. It is up to you to send everything that supports your case. Useful evidence depends on the issue:

Send copies, not originals. Label each document so it is clear what it shows.

What happens after you file and how long does it take?

The Tribunal confirms it has your appeal, tells ESDC, and assigns your appeal to a General Division member, who is the decision-maker. The Tribunal sets dates for sending documents. It can give you up to 20 months from when it receives your Notice of Appeal to send your documents. ESDC then has up to 3 months to send its documents. You then have 30 days to reply.

Next is the hearing. It may be held in person, by phone, by videoconference, or in writing. In a written hearing, the member decides using the documents and written arguments. The Tribunal says a phone or video hearing is usually about 60 minutes, or 90 minutes with an interpreter. An in-person hearing is usually about 90 minutes, or 2 hours with an interpreter. A person from ESDC may attend. You may bring a support person, and an interpreter is provided if you do not speak English or French.

After the hearing, the Tribunal usually sends the written decision within 30 days.

What if the General Division decision goes against you?

You can apply to the Appeal Division using the Application to the Appeal Division: Income Security form. It must receive your application within 90 days from the day you received the General Division decision. If you are late, you must explain why, and it cannot accept an application more than 1 year after you received the decision.

First, you need permission to appeal, sometimes called leave to appeal. You must show an arguable case that the General Division made a mistake, or give evidence the General Division did not have. You will usually get the decision on permission within 30 days after you apply.

If permission is given, the Appeal Division holds a new proceeding. In most cases you have 75 days to send new evidence and arguments, then 30 days to respond to the other side. The hearing formats are the same as at the General Division. You will usually get the final decision within 60 days after the hearing.

If you disagree with the Appeal Division decision, you can apply to the Federal Court or the Federal Court of Appeal. You have 30 days to apply. Court is more formal, and legal advice is strongly recommended at that stage.

Things people often miss

Where to get free help with your appeal

This guide is general information, not legal advice, and no one can promise a result. You do not need a lawyer to appeal, but help can make a difference. In Ontario, community legal clinics often help with OAS, GIS and CPP appeals at no cost. Legal aid offices and legal clinics in other provinces may also help. Your Member of Parliament's constituency office can help with questions about your Service Canada file.

Who to contact

Common questions

How long do I have to appeal to the Social Security Tribunal?

90 days from the day you receive Service Canada's reconsideration decision. Late appeals need a reason and cannot be accepted more than 1 year after you received the decision.

How do I appeal an OAS decision to the Social Security Tribunal?

Send the Notice of Appeal: Income Security form to the Tribunal by email, fax or mail, or start it through My Service Canada Account. You need a reconsideration decision first.

Does it cost money to appeal to the SST?

There is no fee to appeal. You may have your own costs, such as copying, mailing or a paid representative.

How long does an SST appeal take?

It depends on the case. The Tribunal can allow up to 20 months for your documents, ESDC has up to 3 months for its documents, and decisions usually come within 30 days after the hearing.

Do I have to go to a hearing in person?

No. Hearings can be held by phone, by videoconference, in person, or in writing. You can say which you prefer on your Notice of Appeal.

Do I need a lawyer for a Social Security Tribunal appeal?

No. You can appeal on your own or have someone represent you. Free help may be available from a legal clinic or legal aid office.

What is leave to appeal at the Appeal Division?

It means permission to appeal. You must show an arguable case that the General Division made a mistake, or give evidence it did not have.

Can I go to court if I lose at the Tribunal?

After the Appeal Division decides, you can apply to the Federal Court or Federal Court of Appeal within 30 days.

Sources

  1. Old Age Security and Guaranteed Income Supplement appeals: Process at a glance (Social Security Tribunal of Canada)
  2. Other Canada Pension Plan appeals: Process at a glance (Social Security Tribunal of Canada)
  3. Old Age Security and Guaranteed Income Supplement General Division: When to appeal by (Social Security Tribunal of Canada)
  4. Notice of Appeal: Income Security (Social Security Tribunal of Canada)
  5. My SST Portal and forms (Social Security Tribunal of Canada)
  6. Your hearing at the General Division (Social Security Tribunal of Canada)
  7. Application to the Appeal Division: Income Security (Social Security Tribunal of Canada)
  8. Old Age Security and Guaranteed Income Supplement Appeal Division: How to appeal (Social Security Tribunal of Canada)
  9. Ways to contact the Social Security Tribunal (Social Security Tribunal of Canada)
  10. Request a reconsideration - Old Age Security pension and benefits (Government of Canada)
  11. CPP benefits - Request a reconsideration (Government of Canada)
  12. Old Age Security Act (R.S.C., 1985, c. O-9) (Justice Laws Website, Government of Canada)

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