Digest of Benefit Entitlement Principles Chapter 17 - Section 6

17.6.0 Request for reconsideration and appeals

The Commission’s reconsideration policy based on Section 52 of the EIA Footnote 1 described earlier in paragraph 17.3.0 - Reconsideration (EIA 52 and Policy) Footnote 2 this chapter is not to be confused with the formal reconsideration that claimants or employers may request when they disagree with a decision.

17.6.1 Request for reconsideration under EIA 112

As of April 1, 2013, the Board of Referees and Umpire levels of appeal for Employment Insurance Commission decisions were replaced by the Social Security Tribunal. Under Section 112 of the EIA , a claimant or an employer of a claimant who disagree with an Employment Insurance decision have the right to request to the Commission a reconsideration of that decision.

Claimants or employers who disagree with a decision rendered by the Commission have 30 days from the date the decision has been communicated to them to submit a request for reconsideration. If the request for reconsideration was not submitted within 30 days, a reason for the delay must be provided. The Commission may allow a longer period if it is satisfied that there is a reasonable explanation for the late reconsideration request.

The reconsideration is a legislated process with claimants or employers seeking to have the Commission conduct a formal, exhaustive review of one or more of its decisions and to issue a final decision(s). Upon receipt of a request for reconsideration, the Commission must reconsider the decision(s) identified and notify the claimant/employer of the outcome.

It is this final Commission decision that can be challenged through an appeal to the Social Security Tribunal. Identification of (unrelated) error during formal reconsideration process

During the formal reconsideration process under Section 112 of the EIA , an error that is unrelated to the decision being reviewed may be discovered. The Commission may reconsider that decision under Section 52 of the EIA. The reconsideration policy that was previously described in paragraph 17.3.3 - Reconsideration Policy is to be followed.

As with all decisions rendered by the Commission, the claimant or the employer will then have the right to request a reconsideration under Section 112 of the EIA if they disagree with the new decision.

17.6.2 Appeals to the social security tribunal

Under section 113 of the EIA, a claimant who disagrees with a decision that has been reconsidered under section 112 of the EIA, can file an appeal with the Social Security Tribunal General Division. The appeal must be requested in writing and must be received by the Social Security Tribunal within 30 calendar days of receipt of the Reconsideration decision.

If the claimant or employer disagrees with the decision rendered by the General Division, they may submit an appeal to the Appeal Division of the Social Security Tribunal. The Social Security Tribunal must receive the appeal within 30 calendar days of the claimant/employer receiving the General Division’s decision.

The Commission can no longer reconsider a claim under Section 52 of the EIA or amend a decision under Section 111 of the EIA once an appeal has been filed at to the Social Security Tribunal.

[ June 2014 ]

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