CPP disability Appeal Division: What happens after you appeal
After you start your appeal, here’s what happens.
1 – We send you a letter
If you sent us all the information we need, we’ll send you a letter to confirm we received your appeal. We’ll also send a copy of this letter to Employment and Social Development Canada (ESDC) because it’s a party in the appeal. Service Canada sent you the reconsideration decision on behalf of ESDC.
If there’s information missing that we need, we’ll send you a letter telling you what’s missing and giving you a deadline to send it to us.
2 – We make sure you and ESDC have all the documents
We’ll make sure you and ESDC have the same information at every step. This means we’ll send you a copy of the documents ESDC sends us, and we’ll send ESDC a copy of the documents you send us.
At the General Division, we numbered your documents “GD1”, “GD2”, and so on. At the Appeal Division, we’ll number the documents “AD1”, “AD2”, and so on. We’ll add the document number and the page number to the bottom of each page. For example, this is page 1 of the first document in an appeal file:
If you need to refer to a specific page, you can mention the GD or AD number at the bottom of the page so everyone knows where the information is.
3 – We assign your appeal to a member
We’ll assign your appeal to an Appeal Division member.
The Appeal Division is separate from the General Division. So you won’t have the same member you had at the General Division.
4 – Alternative dispute resolution (ADR)
Alternative dispute resolution (ADR) is a simple way of possibly resolving your appeal.
In ADR, an Appeal Division member leads a conversation between the parties to see whether your appeal can be resolved. A member will suggest ADR if they see there’s a fair chance of settling the issues. They may suggest this right at the start of your appeal or at a later stage.
If the member suggests ADR, we’ll invite you to an informal meeting. We’ll also invite ESDC to the meeting.
We usually have the meeting by teleconference.
At the meeting, you’ll have a chance to:
- ask questions about the issues that are most important to you
- talk with ESDC to try and resolve some of your differences
1 of 3 things happens:
- You might reach an agreement with ESDC on all the issues. If this happens, the member will send you a decision based on the agreement, and you won’t have a hearing.
- You might decide to withdraw (cancel) your appeal.
- If you don’t reach an agreement, your appeal will continue through the regular appeal process.
You want to go through ADR, but you haven’t been invited
You can write us to ask for ADR if you think there’s a good chance you and ESDC can reach an agreement about your appeal.
5 – The member decides whether to give you permission to appeal
This step doesn’t apply if you’re appealing a summary dismissal decision from the General Division. You don’t need permission to appeal.
If you need permission to appeal, the member will look at the documents in the file to see why you’re appealing (your grounds for appealing). They’ll consider whether your appeal has a “reasonable chance of success”. That means the member will consider whether you have an argument that could possibly succeed. If they think you do, they’ll want to hear more about it at the next step.
If the member thinks you have an argument that could possibly succeed, they’ll give you permission to appeal. They’ll give you the reasons for their decision.
If the member doesn’t give you permission to appeal, your appeal won’t continue and we’ll close your appeal file.
We’ll send you the member’s decision about permission to appeal. If you have a representative, they’ll get it too.
6 – You can send us submissions (arguments)
If the member gives you permission to appeal, you have 45 days to send us your submissions.
If you’re appealing a summary dismissal decision from the General Division, you don’t need permission to appeal. We’ll send you a letter telling you we got your appeal. You have 45 days to send in submissions.
Submissions are the arguments in a case. They express your point of view about why the Appeal Division should allow your appeal. Your arguments should explain the mistakes you think the General Division made. They should say how you think the Appeal Division could fix those mistakes and what specific result you’re looking for.
If the Appeal Division agrees the General Division made a mistake, the Appeal Division will do 1 of 2 things:
- make the decision the General Division should have made (the result could be the same as or different from the General Division decision result)
- send the file back to the General Division to reconsider its decision
Don’t include new evidence with your submissions. Instead, refer to the evidence that the General Division had. The Appeal Division can’t consider new evidence about your claim for benefits.
Send us your submissions in writing. They can be in any written format (for example, in an email or letter). We encourage you to send them by email, if you can. Make sure you send us electronic documents in a format we can open.
We share your submissions with all the parties involved in your appeal.
7 – In most cases, you have a hearing
Usually, the Appeal Division schedules your hearing right after you get permission to appeal.
We’ll send you a Notice of Hearing if the member schedules a hearing. If you have a representative, they’ll get it too.
A Notice of Hearing gives you details about your hearing. For example, it says the type of hearing and when and where the hearing is. Learn more about the different types of hearing and how to prepare for yours.
The member will make a decision after your hearing.
The member may decide to make a decision based on the information on file
We’ll tell you if the member is going to make a decision based on the information on file instead of having a hearing.
This happens if the member has all the information they need and they don’t think a hearing is necessary.
The member will make a decision based on all the information on your appeal file, including your submissions.